§ 18-48-504 — Enforcement of lien in general

(a) (1) Any owner of any plant holding a lien under this section and §§ 18-48-501 - 18-48-503 may hold the farm product, and the by-products thereof, if any, for a period of thirty (30) days, unless his or her claim is sooner paid. (2) After that time the lienholder may sell such portion of products or by-products, or both, as may be necessary to discharge the lien at the prevailing market price on the market, at private sale, and from the proceeds deduct the amount justly due him or her. This amount shall include reasonable costs for holding the sale and delivering over to the owner of the farm product the balance of the product, if any, remaining. (3) If the farm product or by-products are gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided for by law for enforcement of laborers' liens upon the product of their labor. (b) A lien created by this section and §§ 18-48-501 - 18-48-503 shall be enforced within eight (8) months after the farm product or by-products are dried, cleaned, milled, or processed.

Legislative History

Acts 1949, No. 81, § 2; A.S.A. 1947, § 51-910.