reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 9. Fertilizer and Pesticide Liens › 71-3-909. Rules of practice

71-3-909. Rules of practice.
(1) Except as otherwise provided, the provisions of Title 25 are applicable to and constitute the rules of practice for the enforcement and foreclosure of the lien herein provided for.
(2) The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this part, apply to the proceedings mentioned in this part.
History: (1)En. Sec. 6, Ch. 205, L. 1953; Sec. 45-1406, R.C.M. 1947; (2)En. Sec. 7, Ch. 205, L. 1953; Sec. 45-1407, R.C.M. 1947; R.C.M. 1947, 45-1406, 45-1407.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1001. Definitions

71-3-1001. Definitions.
As used in this part, the following definitions apply:
(1) "Furnish" means sell or rent.
(2) "Material" means material, fuel, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies but does not include drilling rigs or hoists or their integral component parts except wire lines.
(3) "Owner" includes a person holding any interest in the legal or equitable title, or both, and purchasers under executory contract.
History: (1), (2)En. 45-1012 by Sec. 12, Ch. 143, L. 1957; Sec. 45-1012, R.C.M. 1947; (3)En. 45-1011 by Sec. 11, Ch. 143, L. 1957; Sec. 45-1011, R.C.M. 1947; R.C.M. 1947, 45-1011(part), 45-1012.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1002. Lien for labor and materials furnished for use on leasehold for oil and gas purposes or pipelines -- exceptions

71-3-1002. Lien for labor and materials furnished for use on leasehold for oil and gas purposes or pipelines -- exceptions.
(1) Any person, corporation, or partnership that under expressed or implied contract with the owner of any leasehold for oil and gas purposes or the owner of any gas pipe or oil pipeline or with the trustee or agent of the owner performs labor or furnishes material or services used in the digging, drilling, torpedoing, completing, operating, or repairing of any oil or gas well or oil or gas pipeline or who furnishes any material or services or performs any labor in constructing or putting together any of the machinery used in digging, drilling, torpedoing, operating, completing, or repairing any oil or gas well or oil or gas pipeline, whether or not the material is incorporated into or becomes a part of the oil or gas well or oil or gas pipeline, may have a lien for the amount due, including associated transportation and mileage charges and interest from the date the amount was due, upon:
(a) the whole of the leasehold or oil or gas pipeline;
(b) the appurtenances on the leasehold or oil or gas pipeline;
(c) all material owned by the owner of the leasehold or oil or gas pipeline and used in the digging, drilling, torpedoing, completing, operating, or repairing of the oil or gas well or oil or gas pipeline;
(d) all oil or gas wells located on the leasehold; and
(e) all oil or gas produced from the leasehold, subject to the provisions of Title 71, chapter 3, part 16.
(2) If labor is performed for, or materials or services are furnished to, the owner of the working interest in only a portion of the acreage covered by a lease, the lien granted under subsection (1) must be restricted to the portion of the acreage that is covered by the lease.
(3) A lien granted under subsection (1) does not extend to any royalty interests, overriding royalty interests, or oil payments created prior to the date the first item of material or services are furnished or the date the first labor is performed.
History: En. Sec. 1, Ch. 45, L. 1917; re-en. Sec. 8375, R.C.M. 1921; amd. Sec. 1, Ch. 152, L. 1923; re-en. Sec. 8375, R.C.M. 1935; amd. Sec. 1, Ch. 143, L. 1957; R.C.M. 1947, 45-1001; amd. Sec. 9, Ch. 367, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1003. Lien for labor or supplies furnished for contractor

71-3-1003. Lien for labor or supplies furnished for contractor.
Any person, partnership, or corporation that furnishes materials or services as a subcontractor or to a contractor or a subcontractor or any person who performs labor under a subcontractor with a contractor or who, as an artisan or day laborer in the employ of such contractor or subcontractor, performs any such labor has a lien upon all the property upon which the lien of an original contractor may attach to the same extent as an original contractor, and the lien provided for in this section attaches to all materials and fixtures owned by such original contractor or subcontractor for whom the labor is performed or materials or services furnished and used or employed or furnished to be used or employed in the drilling or operating of such oil and gas wells or in the construction of such pipeline.
History: En. Sec. 2, Ch. 45, L. 1917; re-en. Sec. 8376, R.C.M. 1921; re-en. Sec. 8376, R.C.M. 1935; amd. Sec. 2, Ch. 143, L. 1957; R.C.M. 1947, 45-1002; amd. Sec. 4, Ch. 11, L. 1979.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1004. How lien perfected

71-3-1004. How lien perfected.
A person, corporation, or partnership claiming a lien under this part shall file with the county clerk of the county in which the land, leasehold, or pipeline or some part of the land, leasehold, or pipeline is situated a statement verified by affidavit setting forth the amount claimed and the items of the claim, the dates on which labor was performed or material or services furnished, the name of the owner of the leasehold or pipeline, if known, the name of the claimant and the claimant's mailing address, a description of the leasehold or pipeline, and if the claimant is a claimant under 71-3-1003, the name of the person for whom the labor was immediately performed or the material or services were immediately furnished. The statement must be filed within 6 months after the date upon which the material or services were last furnished or labor was last performed under contract.
History: En. 45-1004.1 by Sec. 2, Ch. 170, L. 1973; R.C.M. 1947, 45-1004.1; amd. Sec. 2293, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1005. Enforcement of liens -- duty of county clerks

71-3-1005. Enforcement of liens -- duty of county clerks.
The liens herein created shall be enforced in the same manner and the duty of county clerks with respect to the filing and abstracting of liens shall be the same as now provided by the laws for materialmen's and construction liens.
History: En. Sec. 3, Ch. 45, L. 1917; re-en. Sec. 8377, R.C.M. 1921; amd. Sec. 2, Ch. 152, L. 1923; re-en. Sec. 8377, R.C.M. 1935; amd. Sec. 3, Ch. 143, L. 1957; amd. Sec. 1, Ch. 193, L. 1963; amd. Sec. 1, Ch. 170, L. 1973; R.C.M. 1947, 45-1003.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1006. Date lien arises

71-3-1006. Date lien arises.
The lien provided for in this part arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor.
History: En. 45-1004.2 by Sec. 3, Ch. 170, L. 1973; R.C.M. 1947, 45-1004.2(part).
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1007. Priority

71-3-1007. Priority.
(1) Upon compliance with the provisions of 71-3-1004, such lien shall be preferred to all other titles, charges, liens, or encumbrances which may attach to or upon any of the property upon which a lien is given by this part subsequent to the date the lien herein provided for arises.
(2) All liens affixed by virtue of this part upon the same property shall be of equal standing.
(3) The lien herein provided for shall have no priority over other liens, encumbrances, or mortgages which are filed or recorded prior to the date of the furnishing of the first item of material or services or the date of performance of the first labor.
History: (1), (2)En. 45-1004.2 by Sec. 3, Ch. 170, L. 1973; Sec. 45-1004.2, R.C.M. 1947; (3)En. 45-1004.3 by Sec. 4, Ch. 170, L. 1973; Sec. 45-1004.3, R.C.M. 1947; R.C.M. 1947, 45-1004.2(part), 45-1004.3.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1008. Lien for running account as single contract

71-3-1008. Lien for running account as single contract.
All labor performed or materials or services furnished by any person entitled to a lien under this part upon the same leasehold for oil and gas purposes or the same pipeline shall for the purposes of this part be considered as having been performed or furnished under a single contract regardless of whether or not the same was performed or furnished at different times or on separate orders, provided that no more than 6 months shall have elapsed between the date of performance of such labor or the date of furnishing such material or services and the date on which labor is next performed or materials or services are next furnished.
History: En. 45-1007 by Sec. 7, Ch. 143, L. 1957; R.C.M. 1947, 45-1007.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1009. Liability fixed

71-3-1009. Liability fixed.
This part may not be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. However, the risk of all payments made to the original contractor must be upon the owner if the payments are made after written notice from a person other than an original contractor is received by the owner at the owner's residence or principal place of business. The notice must set forth the name and address of the claimant and the amount and nature of the claim. Payment by the owner to the original contractor of all or any part of the contract price prior to the receipt of the notice must operate to discharge and satisfy all liens attaching to the property of the owner by virtue of this part to the extent of the payment. The owner does not have the right to offset obligations of the original contractor unless the obligations arise out of the original contract.
History: En. 45-1008 by Sec. 8, Ch. 143, L. 1957; R.C.M. 1947, 45-1008; amd. Sec. 2294, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1010. Removal of property covered by lien prohibited -- effect of wrongful removal

71-3-1010. Removal of property covered by lien prohibited -- effect of wrongful removal.
(1) When any lien provided for by this part shall have attached to the property covered thereby, it shall be unlawful for any person to remove such property or any part thereof or cause the same to be removed from the land or premises where located at the time such lien attached or otherwise dispose of the same without the written consent of the holder of such lien.
(2) In the event such property or some part thereof is about to be removed or disposed of in violation of this section, the district court for the county where such property or any part thereof is located may, upon the verified application of the holder of such lien, enjoin all persons alleged in such application to be about to remove or dispose of such property or some part thereof from removing or disposing of the same.
(3) In the event such property or any part thereof shall have been removed or disposed of in violation of this section, the holder of such lien shall be entitled in any action to foreclose the same to the appointment of a receiver to take possession of such removed or disposed of property wherever the same may be located within this state.
(4) This section shall not preclude the appointment of a receiver in actions brought to foreclose liens given by this part upon any equitable grounds warranting such appointment.
History: En. 45-1009 by Sec. 9, Ch. 143, L. 1957; R.C.M. 1947, 45-1009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1011. Notice to purchaser of oil and gas

71-3-1011. Notice to purchaser of oil and gas.
(1) Any lien claimed under this part that extends to oil or gas or the proceeds of the sale of oil or gas is subject to the provisions of Title 71, chapter 3, part 16, and must meet the requirements of subsection (2) before taking effect.
(2) (a) Written notice of a claim must be delivered to a purchaser at the purchaser's residence or principal place of business. A notice must state the name of the claimant, the claimant's address, the amount for which the lien is claimed, and a description of the interest upon which the lien is claimed. The notice must be delivered personally to the purchaser or by certified letter deposited in the United States mail.
(b) Until the notice is delivered as provided in subsection (2)(a), a purchaser is not liable to the claimant for any oil or gas produced upon which the lien is claimed or money from the sale of proceeds of the oil or gas upon which the lien is claimed. A purchaser shall withhold payments for oil or gas to the extent of the lien amount being claimed until delivery of notice in writing that the claim has been paid.
History: En. 45-1010 by Sec. 10, Ch. 143, L. 1957; R.C.M. 1947, 45-1010; amd. Sec. 2295, Ch. 56, L. 2009; amd. Sec. 10, Ch. 367, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 10. Labor and Material Liens on Oil and Gas Wells and Pipelines › 71-3-1012. Effect on interest which is less than fee interest

71-3-1012. Effect on interest which is less than fee interest.
If a lien provided for in this part attaches to an estate less than the fee, forfeiture of such estate shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien has attached prior to forfeiture. If a lien provided for in this part attaches to an equitable interest or to a legal interest contingent upon the happening of a condition subsequent, failure of such interest to ripen into legal title or such condition subsequent to be fulfilled shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien attached prior to such failure.
History: En. 45-1011 by Sec. 11, Ch. 143, L. 1957; R.C.M. 1947, 45-1011(part).
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1101. Repealed

71-3-1101. Repealed.
Sec. 9, Ch. 532, L. 1979.
History: En. Sec. 1, Ch. 57, L. 1931; re-en. Sec. 8395.1, R.C.M. 1935; R.C.M. 1947, 45-1201.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1102. Repealed

71-3-1102. Repealed.
Sec. 9, Ch. 532, L. 1979.
History: En. Sec. 2, Ch. 57, L. 1931; re-en. Sec. 8395.2, R.C.M. 1935; R.C.M. 1947, 45-1202.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1103. Repealed

71-3-1103. Repealed.
Sec. 9, Ch. 532, L. 1979.
History: En. Sec. 3, Ch. 57, L. 1931; re-en. Sec. 8395.3, R.C.M. 1935; R.C.M. 1947, 45-1203.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1104. Repealed

71-3-1104. Repealed.
Sec. 9, Ch. 532, L. 1979.
History: En. Sec. 4, Ch. 57, L. 1931; re-en. Sec. 8395.4, R.C.M. 1935; R.C.M. 1947, 45-1204.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1105. Repealed

71-3-1105. Repealed.
Sec. 9, Ch. 532, L. 1979.
History: En. Sec. 5, Ch. 57, L. 1931; re-en. Sec. 8395.5, R.C.M. 1935; R.C.M. 1947, 45-1205.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1111. Short title

71-3-1111. Short title.
This part may be cited as the "Physician, Nurse, Physical Therapist, Occupational Therapist, Acupuncturist, Chiropractor, Dentist, Psychologist, Licensed Social Worker, Licensed Professional Counselor, Hospital, Optometrist, Naturopathic Physician, Podiatrist, Ambulance Service, Rehabilitation Facility, Long-Term Care Facility, and Outpatient Center for Surgical Services Lien Act".
History: En. Sec. 1, Ch. 532, L. 1979; amd. Sec. 1, Ch. 85, L. 1987; amd. Sec. 1, Ch. 384, L. 1993; amd. Sec. 1, Ch. 86, L. 2001; amd. Sec. 43, Ch. 502, L. 2007; amd. Sec. 1, Ch. 224, L. 2015.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1112. Purpose

71-3-1112. Purpose.
The purpose of this part is to establish lien rights for physicians, nurses, physical therapists, occupational therapists, acupuncturists, chiropractors, dentists, hospitals, optometrists, naturopathic physicians, podiatrists, ambulance services, rehabilitation facilities, long-term care facilities, and outpatient centers for surgical services for the value of services rendered and products provided for the diagnosis and treatment of medical conditions and to establish lien rights for psychologists, licensed social workers, and licensed professional counselors for services rendered and products provided when a person receiving treatment:
(1) is injured through the fault or neglect of another; or
(2) is either insured or a beneficiary under insurance.
History: En. Sec. 2, Ch. 532, L. 1979; amd. Sec. 2, Ch. 496, L. 1983; amd. Sec. 2, Ch. 85, L. 1987; amd. Sec. 2, Ch. 384, L. 1993; amd. Sec. 3, Ch. 454, L. 1993; amd. Sec. 2, Ch. 86, L. 2001; amd. Sec. 44, Ch. 502, L. 2007; amd. Sec. 2, Ch. 224, L. 2015.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1113. Definitions

71-3-1113. Definitions.
As used in this part, the following definitions apply:
(1) "Ambulance service" means a person providing ground or air ambulance transport, licensed under 50-6-306, that:
(a) is in-network with at least two insurers that together provide coverage for at least 25% of health insurance insureds in the state; or
(b) accepts insurance, including copayments, coinsurance, or deductibles, as payment in full and does not offer memberships under Title 33, chapter 2, part 22.
(2) "Beneficiary" means a person entitled to insurance benefits.
(3) "Dentist" means a person practicing dentistry as provided in 37-4-101.
(4) "Insurance" means a contract through which a person, the insurer, undertakes to indemnify another, the insured, or pay or provide a determinable amount or benefit upon determinable contingencies.
(5) "Insurer" has the meaning of a health insurance issuer provided in 33-22-140.
(6) "Outpatient center for surgical services" means a facility registered as provided in 50-32-314.
(7) "Person" means an individual, a corporation, an organization, or other legal entity.
History: En. Sec. 3, Ch. 532, L. 1979; amd. Sec. 1, Ch. 469, L. 1991; amd. Sec. 3, Ch. 86, L. 2001; amd. Sec. 45, Ch. 502, L. 2007; amd. Secs. 1, 2, Ch. 314, L. 2017.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1115. Notice of lien

71-3-1115. Notice of lien.
(1) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, or outpatient center for surgical services claiming a lien shall serve written notice upon the person and upon the insurer, if any, against whom liability for injury, disease, counseling service, or death is asserted, stating the nature of the services, for whom and when rendered, the value of the services, and that a lien is claimed.
(2) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, or outpatient center for surgical services claiming a lien upon proceeds or payments payable by an insurer shall serve written notice upon the insurer against whom the lien is asserted, stating the nature of the services, for whom and when rendered, the value of the services, and that a lien is claimed.
History: En. Sec. 5, Ch. 532, L. 1979; amd. Sec. 4, Ch. 85, L. 1987; amd. Sec. 4, Ch. 384, L. 1993; amd. Sec. 5, Ch. 86, L. 2001; amd. Sec. 47, Ch. 502, L. 2007; amd. Sec. 4, Ch. 224, L. 2015.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1116. Notice of lien -- filing with clerk of court

71-3-1116. Notice of lien -- filing with clerk of court.
If an action is commenced for recovery for injury, disease, or death, a copy of the notice of lien may be filed in the office of the clerk of court in which the action is pending, and the filing is notice to all parties to the action.
History: En. Sec. 6, Ch. 532, L. 1979.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1117. Liability for failure to recognize lien

71-3-1117. Liability for failure to recognize lien.
If any insurer or person, after receiving notice of a lien, makes payment on account of injury, disease, counseling service, or death and the amount of the lien claimed by any physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, psychologist, licensed social worker, licensed professional counselor, hospital, or outpatient center for surgical services has not been paid, the insurer or person is liable to the physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, psychologist, licensed social worker, licensed professional counselor, hospital, or outpatient center for surgical services for the reasonable value of the services.
History: En. Sec. 7, Ch. 532, L. 1979; amd. Sec. 5, Ch. 85, L. 1987; amd. Sec. 5, Ch. 384, L. 1993; amd. Sec. 6, Ch. 86, L. 2001; amd. Sec. 48, Ch. 502, L. 2007; amd. Sec. 5, Ch. 224, L. 2015.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 11. Liens of Certain Health Care Providers › 71-3-1118. Applicability

71-3-1118. Applicability.
(1) Except as provided in subsection (2), this part does not apply to compensation awarded to workers for injury, disease, or death pursuant to the Workers' Compensation Act.
(2) This part applies to all payments awarded for medical, therapy, acupuncture, chiropractic, dentistry, counseling, and hospital services pursuant to the acts referred to in subsection (1).
(3) This part does not apply to any benefits payable under:
(a) a policy of life insurance or group life insurance;
(b) a contract of disability insurance, except benefits payable in reimbursement for services rendered by a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, psychologist, licensed social worker, licensed professional counselor, hospital, or outpatient center for surgical services; or
(c) an annuity contract or to pension benefits payable under a qualified pension plan.
History: En. Sec. 8, Ch. 532, L. 1979; amd. Sec. 1, Ch. 496, L. 1983; amd. Sec. 6, Ch. 85, L. 1987; amd. Sec. 2, Ch. 469, L. 1991; amd. Sec. 6, Ch. 384, L. 1993; amd. Sec. 7, Ch. 86, L. 2001; amd. Sec. 36, Ch. 416, L. 2005; amd. Sec. 49, Ch. 502, L. 2007; amd. Sec. 6, Ch. 224, L. 2015.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1202. Priority

71-3-1202. Priority.
(1) Subject to subsection (4), the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of receiving the property, the person desiring to assert a lien upon the property gives notice in writing to the secured party or other lienholder, stating the intention to assert a lien on the property, under the terms of this part, and stating the nature and approximate amount of the work performed or feed or other services furnished or intended to be performed or furnished.
(2) Service may be made either by personal service or by mailing by registered or certified mail a copy of the notice to the secured party or other lienholder at the last-known post-office address. Service must be considered complete upon the deposit of the notice in the post office.
(3) Within 20 days after the date of mailing or 10 days after personal service, the secured party or other lienholder or the secured party's or other lienholder's representative has the right to take possession of the property upon payment of the amount of the lien. A failure on the part of the secured party or other lienholder to take possession of the property constitutes a waiver of the priority of the security interest or other lien over the lien created by this part.
(4) With regard to a reproductive technology business, the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the embryos or semen involved unless, within 30 days from the time of harvesting or collecting the embryos or semen, the person desiring to assert a lien upon the embryos or semen gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the embryos or semen under the terms of this part and stating the nature and approximate amount of the work performed or other services furnished or intended to be performed or furnished.
History: (1), (2)En. Sec. 3935, Civ. C. 1895; re-en. Sec. 5805, Rev. C. 1907; amd. Sec. 1, Ch. 117, L. 1921; re-en. Sec. 8383, R.C.M. 1921; Cal. Civ. C. Sec. 3051; Based on Field Civ. C. Sec. 1696; re-en. Sec. 8383, R.C.M. 1935; amd. Sec. 11-127, Ch. 264, L. 1963; Sec. 45-1106, R.C.M. 1947; (3)En. Sec. 2, Ch. 117, L. 1921; re-en. Sec. 8384, R.C.M. 1921; Cal. Civ. C. Sec. 3052; re-en. Sec. 8384, R.C.M. 1935; amd. Sec. 11-128, Ch. 264, L. 1963; Sec. 45-1107, R.C.M. 1947; R.C.M. 1947, 45-1106(part), 45-1107; amd. Sec. 1, Ch. 308, L. 1983; amd. Sec. 3, Ch. 444, L. 2003.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1204. Lien not lost by fraudulent taking of property

71-3-1204. Lien not lost by fraudulent taking of property.
The lien created by this part shall not be lost by reason of any forcible or fraudulent taking of the property from the possession of the person entitled to said lien, but in all such cases the person entitled to such lien shall be entitled to recover possession of the property by proper action instituted in court against any person in whose possession the property may be found.
History: En. Sec. 4, Ch. 117, L. 1921; re-en. Sec. 8386, R.C.M. 1921; re-en. Sec. 8386, R.C.M. 1935; R.C.M. 1947, 45-1109.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1205. Definition

71-3-1205. Definition.
For the purposes of this part, "reproductive technology business" means a business that collects, processes, packages, and stores embryos or semen from animals or provides breeding services for compensation.
History: En. Sec. 1, Ch. 444, L. 2003.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1211. Agister's lien -- finding -- who may hold lien

71-3-1211. Agister's lien -- finding -- who may hold lien.
(1) The legislature finds that agisters' liens require expeditious action to protect the welfare of the stock and to ensure that the cost to feed and care for the stock covered by the lien does not exceed the market value of the stock.
(2) (a) If there is an express or implied contract for keeping, feeding, herding, pasturing, or ranching stock, a rancher, farmer, agister, herder, hotelkeeper, livery, stablekeeper, or reproductive technology business to whom any horses, mules, cattle, sheep, hogs, or other stock are entrusted has an agister's lien upon the stock for the amount due for keeping, feeding, herding, pasturing, or ranching the stock.
(b) A person holding an agister's lien pursuant to subsection (2)(a) may retain possession of the stock until the amount due is paid.
History: En. Sec. 1, Ch. 124, L. 2013.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1212. Priority

71-3-1212. Priority
. (1) An agister's lien created under 71-3-1211 does not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the stock involved unless, within 30 days from the time of receiving the stock, the person desiring to assert a lien upon the stock gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the stock under the terms of 71-3-1211 through 71-3-1214 and stating the nature and approximate amount of the work performed or feed furnished or other services furnished or intended to be performed or furnished.
(2) A new notice is not required for the offspring of the stock covered in the initial notice, but all other additional stock must be noticed separately.
(3) Service may be made either by personal service or by mailing a copy of the notice by certified mail to the secured party or other lienholder at the last-known post-office address. Service is considered complete upon the deposit of the notice in the post office.
(4) Within 20 days after the date of mailing or 10 days after personal service, the secured party or other lienholder or the secured party's or other lienholder's representative has the right to take possession of the stock upon payment of the amount of the lien. A failure on the part of the secured party or other lienholder to take possession of the stock constitutes a waiver of the priority of the security interest or other lien over the lien created by 71-3-1211 through 71-3-1214.
History: En. Sec. 2, Ch. 124, L. 2013.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1213. Enforcement of agister's lien -- sale

71-3-1213. Enforcement of agister's lien -- sale
. If payment for keeping, feeding, herding, pasturing, or ranching stock is not made within 30 days after the performance of the keeping, feeding, herding, pasturing, or ranching, the person entitled to a lien under the provisions of 71-3-1211 through 71-3-1214 may enforce the lien in the following manner:
(1) The person shall deliver to the sheriff of the county in which the property is located an affidavit of the amount of the person's claim against the stock and the name of the owner of the stock or of the person at whose request the feed or material was furnished.
(2) Upon receipt of the affidavit, the sheriff shall advertise and sell at public auction as much of the stock covered by the lien as will satisfy the lien.
(3) Notice of the sale must be provided in the manner prescribed in 25-13-701(1)(b).
(4) (a) Before the sheriff sells the stock at public auction, the sheriff shall give notice of the sale to the owner or person at whose request the feed or material was furnished.
(b) Notice must be given at least 10 days before the sale to the owner or person at whose request the feed or material was furnished and to any other person holding a lien on the animals.
(c) The notice must state:
(i) the time and place of the sale;
(ii) the amount of the claim against the stock;
(iii) a description of the stock;
(iv) the name of the owner or person at whose request the feed or material was furnished; and
(v) the name of the person claiming the lien.
(d) The notice may be given by personal service or by mailing a copy of the notice by certified mail to the last-known post-office address of the owner or person at whose request the feed or material was furnished.
(e) If the sheriff is not able to effect personal service or service by mail because the location and mailing address of the owner or person at whose request the feed or material was furnished is unknown, the sheriff may give notice by posting notice of the sale in three public places in the county in which the property is located.
(5) The sheriff shall apply the proceeds of the sale to the discharge of the lien and the cost of the proceedings in selling the stock and enforcing the lien. The remainder, if any, or a part that is required to discharge the claims must be turned over by the sheriff to the holders, in the order of their precedence, of the chattel mortgages or other lien claimants of record against the stock, and the balance of the proceeds must be turned over to the owner of the stock.
(6) Before seizing stock under the provisions of this section, the sheriff may require an indemnity bond from the lienor. The indemnity bond may not exceed double the amount of the claim against the stock. The sheriff shall approve the bond and the surety or sureties on the bond.
History: En. Sec. 3, Ch. 124, L. 2013.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 12. Agisters' Liens and Liens for Service › 71-3-1214. Lien not lost by fraudulent taking of property

71-3-1214. Lien not lost by fraudulent taking of property
. (1) The forcible or fraudulent taking of stock from the person holding an agister's lien pursuant to 71-3-1211 through 71-3-1214 does not extinguish the lien.
(2) The person holding the agister's lien may recover possession of the stock by proper action instituted in court against any person possessing the stock.
History: En. Sec. 4, Ch. 124, L. 2013.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 13. Liens on Real Estate › 71-3-1301. Lien of seller of real property -- waiver

71-3-1301. Lien of seller of real property -- waiver.
(1) A person who sells real property has a vendor's lien on the real property, independent of possession, for as much of the price as remains unpaid and unsecured other than by the personal obligation of the buyer.
(2) When a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of the contract by the seller waives the seller's lien to the extent of the sum payable under the contract. However, a transfer of the contract in trust to pay debts and return the surplus is not a waiver of the lien.
History: (1)En. Sec. 3930, Civ. C. 1895; re-en. Sec. 5800, Rev. C. 1907; re-en. Sec. 8378, R.C.M. 1921; Cal. Civ. C. Sec. 3046; Field Civ. C. Sec. 1691; re-en. Sec. 8378, R.C.M. 1935; Sec. 45-1101, R.C.M. 1947; (2)En. Sec. 3931, Civ. C. 1895; re-en. Sec. 5801, Rev. C. 1907; re-en. Sec. 8379, R.C.M. 1921; Cal. Civ. C. Sec. 3047; Based on Field Civ. C. Sec. 1692; re-en. Sec. 8379, R.C.M. 1935; Sec. 45-1102, R.C.M. 1947; R.C.M. 1947, 45-1101, 45-1102; amd. Sec. 2297, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 13. Liens on Real Estate › 71-3-1302. Purchaser's lien on real property

71-3-1302. Purchaser's lien on real property.
A person who pays to the owner any part of the price of real property under an agreement for the sale of real property has a special lien upon the property, independent of possession, for the part of the amount paid that the person is entitled to recover in case of a failure of consideration.
History: En. Sec. 3934, Civ. C. 1895; re-en. Sec. 5804, Rev. C. 1907; re-en. Sec. 8382, R.C.M. 1921; Cal. Civ. C. Sec. 3050; Field Civ. C. Sec. 1695; re-en. Sec. 8382, R.C.M. 1935; R.C.M. 1947, 45-1105; amd. Sec. 2298, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 13. Liens on Real Estate › 71-3-1303. Extent of liens

71-3-1303. Extent of liens.
The liens defined in 71-3-1301 and 71-3-1302 are valid against everyone claiming under the debtor, except a purchaser and encumbrancer in good faith and for value.
History: En. Sec. 3932, Civ. C. 1895; re-en. Sec. 5802, Rev. C. 1907; re-en. Sec. 8380, R.C.M. 1921; Cal. Civ. C. Sec. 3048; Field Civ. C. Sec. 1693; re-en. Sec. 8380, R.C.M. 1935; R.C.M. 1947, 45-1103.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 14. Hotel Liens › 71-3-1401. Lien of hotelkeepers

71-3-1401. Lien of hotelkeepers.
Hotelkeepers and boardinghouse and lodginghouse keepers have a lien upon the baggage and other property of value brought into the hotel, inn, boardinghouse, or lodginghouse by a guest, boarder, or lodger for the guest's, boarder's, or lodger's accommodation, board, or lodging and room rent and extras that are furnished at the guest's, boarder's, or lodger's request, with the right of the possession of the baggage or other property of value until all charges are paid. This section may not be construed to give a lien upon property sold on the installment plan, title to which is to remain in the vendor until final payment.
History: En. Sec. 2502, Civ. C. 1895; amd. Sec. 1, p. 132, L. 1899; re-en. Sec. 5166, Rev. C. 1907; re-en. Sec. 7675, R.C.M. 1921; Cal. Civ. C. Sec. 1861; re-en. Sec. 7675, R.C.M. 1935; R.C.M. 1947, 34-103; amd. Sec. 2299, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 14. Hotel Liens › 71-3-1402. Enforcement of lien

71-3-1402. Enforcement of lien.
Any hotelkeeper or innkeeper who has a lien upon any of the goods, baggage, or other chattel property of the hotelkeeper's or innkeeper's guests may, at the expiration of 6 months from the date of the departure of the guest from the hotel or inn, sell and dispose of the baggage or property at public auction and to the highest bidder for cash or as much that is necessary to pay the sum due the hotelkeeper or innkeeper, together with the cost of storage, advertisement, and sale.
History: En. Sec. 2512, Civ. C. 1895; re-en. Sec. 5175, Rev. C. 1907; re-en. Sec. 7682, R.C.M. 1921; re-en. Sec. 7682, R.C.M. 1935; R.C.M. 1947, 34-110; amd. Sec. 2300, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 14. Hotel Liens › 71-3-1403. Notice of sale

71-3-1403. Notice of sale.
Before proceeding to the sale of the property of any guest, as provided in 71-3-1402, the hotelkeeper or innkeeper shall cause a notice of the sale, containing a description of the property to be sold and the time and place where the property will be sold, to be published once each week for 2 successive weeks in a newspaper published in the city or town in which the hotel or inn is situated or, if a newspaper is not published in the city or town, in a newspaper published nearest to the city or town. If any balance arising from the sale is not claimed by the rightful owner within 30 days from the day of the sale, the balance must be paid into the treasury of the county in which the sale took place. If the balance is not claimed by the owner or the owner's legal representatives within 1 year, the balance must be paid into the school fund of the county.
History: En. Sec. 2513, Civ. C. 1895; re-en. Sec. 5176, Rev. C. 1907; re-en. Sec. 7683, R.C.M. 1921; re-en. Sec. 7683, R.C.M. 1935; R.C.M. 1947, 34-111; amd. Sec. 2301, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 15. Miscellaneous Liens › 71-3-1501. Lien of factor

71-3-1501. Lien of factor.
A factor has a general lien, dependent on possession, for all that is due to the factor upon all articles of commercial value that are entrusted to the factor by the same principal.
History: En. Sec. 3936, Civ. C. 1895; re-en. Sec. 5806, Rev. C. 1907; re-en. Sec. 8387, R.C.M. 1921; Cal. Civ. C. Sec. 3053; Field Civ. C. Sec. 1697; re-en. Sec. 8387, R.C.M. 1935; R.C.M. 1947, 45-1110; amd. Sec. 2302, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 15. Miscellaneous Liens › 71-3-1502. Banker's lien

71-3-1502. Banker's lien.
A banker has a general lien, dependent on possession, upon all property in the banker's hands belonging to a customer for the balance due to the banker from the customer in the course of the business.
History: En. Sec. 3937, Civ. C. 1895; re-en. Sec. 5807, Rev. C. 1907; re-en. Sec. 8388, R.C.M. 1921; Cal. Civ. C. Sec. 3054; Field Civ. C. Sec. 1698; re-en. Sec. 8388, R.C.M. 1935; R.C.M. 1947, 45-1111; amd. Sec. 2303, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 15. Miscellaneous Liens › 71-3-1503. Officer's lien

71-3-1503. Officer's lien.
An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon that property, which authorizes the officer to hold it until the process is discharged or satisfied or a judicial sale of the property is had.
History: En. Sec. 3940, Civ. C. 1895; re-en. Sec. 5810, Rev. C. 1907; re-en. Sec. 8391, R.C.M. 1921; Cal. Civ. C. Sec. 3057; Field Civ. C. Sec. 1701; re-en. Sec. 8391, R.C.M. 1935; R.C.M. 1947, 45-1114; amd. Sec. 2304, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 15. Miscellaneous Liens › 71-3-1504. Judgment lien

71-3-1504. Judgment lien.
The lien of a judgment is regulated by Title 25.
History: En. Sec. 3941, Civ. C. 1895; re-en. Sec. 5811, Rev. C. 1907; re-en. Sec. 8392, R.C.M. 1921; Cal. Civ. C. Sec. 3058; Field Civ. C. Sec. 1703; re-en. Sec. 8392, R.C.M. 1935; R.C.M. 1947, 45-1115.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 15. Miscellaneous Liens › 71-3-1505. Lien for rental on frozen food compartments

71-3-1505. Lien for rental on frozen food compartments.
A person who operates a frozen food plant that offers individual compartments to the public has a lien on the property in the person's possession for rentals or other charges due. Liens may be foreclosed in the same way provided for chattel mortgages.
History: En. Sec. 13, Ch. 17, L. 1967; R.C.M. 1947, 27-623; amd. Sec. 2305, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 15. Miscellaneous Liens › 71-3-1506. Tax deficiency lien

71-3-1506. Tax deficiency lien.
A municipality has a lien for tax deficiency payments as described in a properly filed agreement for tax deficiency payment pursuant to 7-15-4294. The lien has the same priority as a lien for general property taxes. Lien proceeds must be disbursed pursuant to 7-15-4286(2)(a).
History: En. Sec. 5, Ch. 545, L. 2005; amd. Sec. 2, Ch. 689, L. 2023.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 16. Oil and Gas Owners' Lien › 71-3-1601. Short title

71-3-1601. Short title.
This part may be cited as the "Montana Oil and Gas Owners' Lien Act".
History: En. Sec. 1, Ch. 367, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 16. Oil and Gas Owners' Lien › 71-3-1602. Definitions

71-3-1602. Definitions.
As used in this part, the following definitions apply:
(1) "First purchaser" means the first person who under contract purchases oil or gas from an interest owner at or after the time the oil or gas is severed.
(2) "Interest owner" means a person:
(a) who owns an entire or a fractional interest of any kind or nature in the oil or gas at the time it is severed; or
(b) who has a right, either express or implied, to receive a monetary payment determined by the value of the severed oil or gas.
(3) "Leasehold" means a tenant's leasehold interest, as defined in 30-2A-103, in property on which the oil or gas well is located.
(4) "Operator" means any person engaged in the severance of oil or gas on the operator's own behalf, on behalf of the operator and other persons, or on behalf of other persons.
(5) "Person" means any individual, executor, administrator, agent, trustee, or receiver or an estate, institution, business trust, trust of any other kind, firm, corporation, partnership, cooperative, limited liability company, limited liability partnership, sole proprietorship, government agency, association, or any other group acting as a unit.
(6) "Purchaser" means a person who under contract purchases oil or gas from a first purchaser.
(7) "Severed" or "severance" means the taking, extraction, or production from the leasehold of oil or gas in any manner.
History: En. Sec. 2, Ch. 367, L. 2009.