§ 18-44-209 — Sale or removal of property subject to lien

(a) When the lien provided for in this section and §§ 18-44-201 - 18-44-208 and 18-44-210 shall have attached to the property covered thereby, neither the owner of the land nor the owner of the oil, gas, or mineral leasehold interest therein, the owner of any gas pipeline or oil pipeline, the contractor, the subcontractor, the purchaser, the trustee, receiver, or agent, of the owner, lessor, lessee, contractor, subcontractor, or purchaser shall either sell or remove any property subject to the lien, cause it to be removed from the land or premises upon which the property was to be used, or otherwise sell or dispose of it without the written consent of the holder of the lien created. (b) (1) In case of any violation of the provision of this section, the same lienholder shall be entitled to the possession of the property upon which the lien exists wherever the property is found, together with the land or leasehold to which the property may have been attached. (2) The lienholder is entitled to have it then sold for the payment of his or her debt, whether the debt has become due or not.

Legislative History

Acts 1923, No. 615, § 5; Pope's Dig., § 8909; A.S.A. 1947, § 51-705.