Lately we have been fielding a lot of calls from farmers, ranchers and various other agribusiness to assist in collecting on unpaid debts. Our first question when taking that call is “when was the work performed or the materials supplied?” Our second question, “is there an ag lien on file yet?” It seems that everybody knows ag liens exist. It also seems that only the most sophisticated know exactly what an ag lien is or how they work.
Considering the current ag economy, it may be a good time to go back to the basics on ag liens.
Nebraska has 11 types of ag specific liens and 2 other liens that may apply to various ag businesses. The following is a list and description of those lien types as outlined by the National Agricultural Law Center:
– Artisan’s Lien:
Lien holder is a person makes, alters, repairs, or enhances the value of machinery, farm tools or implements, or shoes horses or mules.
Lien attaches to machinery, farm tools and implements and any horse or mule who may have been shoed.
Neb. Rev. Stat. §52-201 to §52-204
– Thresher’s Lien:
Lien holder is the owner or operator of a threshing, combining, cornpicking, cornhusking, or cornshelling machine operated for the benefit of another.
Lien attaches to crop harvested or processed by the owner or operator using the machine.
Neb. Rev. Stat. §52-501 to §52-504
– Veterinarian’s Lien:
Lien holder is licensed veterinarian who treats, relieves or any way takes care of any kind of livestock.
Lien attaches to any animal or livestock treated or cared for by veterinarian.
Neb. Rev. Stat. §52-701 to §52-702
– Petroleum Products Lien:
Lien holder is a supplier of gasoline, tractor fuel, oil, grease or any other petroleum products used to power or lubricate farm machinery used in the production of an agricultural crop.
Lien attaches to crops, owned by the person whom petroleum products were supplied and which were produced from the use of the petroleum products.
Neb. Rev. Stat. §52-901 to §52-905
– Fertilizer and Agricultural Chemical Lien:
Lien holder is the person who contracts to furnish fertilizer and agricultural chemicals; the person who furnishes machinery for the application of fertilizer and agricultural chemicals; and the person who performs work or labor in applying fertilizer or agricultural chemicals.
Lien attaches to crops produced on land where fertilizer or agricultural chemicals was applied or where machinery was used.
Neb. Rev. Stat. §52-1101 to §52-1104
– Seed or Electrical Power and Energy Lien:
Lien holder is person who contracts to furnish seed or electrical power used in production of crops.
Lien attaches to crops produced from seed or electrical energy.
Neb. Rev. Stat. §52-1201 to §52-1205
– Agricultural Production Lien:
Lien holder is person supplying any agricultural input for the production of crops or livestock.
Lien attaches to crops and livestock produced or which has benefitted from the inputs provided.
Neb. Rev. Stat. §52-1401 to §52-1411
– Lien for Service of Animals:
Lien holder is person who owns, leases or manages stallion, jack or bull used for breeding purposes.
Lien attaches to female animal served and offspring produced from breeding services.
Neb. Rev. Stat. §52-1501 to §52-1506
– Agister’s Lien:
Lien holder is any person or entity that cares for and feeds livestock under a contact or agreement.
Lien attaches to the livestock cared for or fed.
Neb. Rev. Stat. §54-201 to §54-209
– Feed Lien:
Lien holder is person who delivers feed or feed ingredients under a contract for livestock.
Lien attaches to livestock which receives feed or feed ingredients.
Neb. Rev. Stat. §54-208 to §54-209
– Lien on Trespassing Livestock:
Lien holder is person who owns land where livestock has trespassed and damaged property.
Lien attaches to livestock which trespassed.
Neb. Rev. Stat. §54-401 to §54-408
– Warehouse Lien:
Lien holder is owner of warehouse that stores goods.
Lien attaches to goods covered by a warehouse receipt or storage agreement, or on the proceeds of such goods.
Neb. Rev. Stat. UCC §7-209 to §7-210
– Carrier’s Lien:
Lien holder is owner of equipment which carries or hauls goods under a bill of lading.
Lien attaches to goods covered under bill of lading or proceeds of such goods.
Neb. Rev. Stat. UCC §7-307 to §7-308
The agricultural liens cover most if not all services performed on a farm or ranch and may provide some security on payment for those goods or services. The trick is properly implementing and executing the liens. Over the next few blogs, we will discuss each lien and how they are to be implemented execute