§ 32-31-1-19 — Crop paid as rent

(a) In a case where a tenant agrees under
contract to pay as rent:
(1) a part of the crop raised on the leased premises;
(2) rent in kind; or
(3) a cash rent;
the landlord may have a lien on the crop raised under the contract for
payment of the rent. If the tenant refuses or neglects to pay or deliver
to the landlord the rent when it is due, the landlord may enforce the lien
by selling the crop.
(b) A landlord who desires to acquire a lien on a crop raised under
a contract on leased premises must file a financing statement under IC 26-1-9.1-501 at least thirty (30) days before the crop matures and
during the year in which the crop is grown. The financing statement
must:
(1) give notice of the landlord's intention to hold a lien upon the
crop for the amount of rent due;
(2) specifically set forth the amount claimed; and
(3) describe the lands on which the crop is being grown with
sufficient precision to identify the lands.
(c) A lien created under this section relates to the time of filing and
has priority over all liens created thereafter. However, a tenant may,
after giving written notice to the landlord or the landlord's agent,
remove the tenant's portion of the crop from the leased premises and
dispose of the tenant's portion of the crop when the rent is to be paid in
part of the crop raised. If the tenant does not give written notice to the
landlord, the tenant may remove not more than one-half (1/2) of the
crop growing or matured.
[Pre-2002 Recodification Citation: 32-7-1-18.]

Legislative History

As added by P.L.2-2002, SEC.16.