Statutory Liens

ORS 87.226
Agricultural services lien


(1)

A person who performs labor, supplies materials or provides services on farmland, range, ranch, orchard or in that person’s place of business to aid the growing or harvesting of crops or the raising of animals has a lien upon the crops or animals for the reasonable or agreed charges for labor, materials or services. The lien upon crops or animals created by this section also attaches to the proceeds of the crops or animals and to the unborn progeny of the animals that are in utero on the date a notice of claim of lien is filed.

(2)

If the lien claimed under subsection (1) of this section is for stud or artificial insemination services, the lien attaches only to the female animal to which the male animal is let or which is artificially inseminated, and the offspring.

(3)

The lien on crops and the proceeds thereof attaches on the date a person performs labor, delivers materials or provides services to aid the growing or harvesting of crops. The lien on animals and the proceeds thereof attaches on the date a person performs labor, delivers materials or provides services to aid the raising of animals, or in the case of unborn progeny, attaches on the date the claim of lien is filed.

(4)

As used in this section:

(a)

“Growing and harvesting” includes tilling, sowing, planting, cultivating, irrigating, pruning, thinning, fertilizing, spraying, dusting, cutting, harvesting, reaping, threshing, gathering, transporting, securing or otherwise performing or furnishing labor, service or materials to aid the production of any agricultural crop.

(b)

“Materials” includes seed, fertilizer, pesticide, petroleum products and other products used in agricultural practice to aid the growing or harvesting of crops, and any mixtures or preparation for feeding animals, any of the constituent nutrients of an animal ration and any other food for animals.

(c)

“Performs labor or provides services” includes personal labor and the use of machinery, equipment or animals rendered by the lien claimant or by the agent of the lien claimant, employee or subcontractor.

(d)

“Raising animals” includes feeding, herding, pasturing, shoeing, artificially inseminating, providing male animals for the breeding of female animals, caring for and managing animals kept or raised for use or profit. [1975 c.648 §18; 1985 c.469 §2; 2001 c.301 §6]

Notes of Decisions

Whether there has been substantial compliance with statutory requirement depends on degree of noncompliance, underlying policy of requirement and prejudice that property owner or third party may have suffered as result of noncompliance. McGregor Co. v. Heritage, 291 Or 420, 631 P2d 1355 (1981)

Plaintiff's agricultural liens were not invalid as matter of law because nonlienable security described in lien notice was segregable from lienable security without extrinsic evidence and item containing both lienable and nonlienable items could be disregarded. Hitchman v. Burkey, 95 Or App 508, 769 P2d 799 (1989), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021