§ 52-501 — Thresher's, combiner's, cornsheller's, or mechanical cornpicker's lien; perfection; financing statement; filing; enforcement; fee

Nebraska § 52-501

• Jurisdiction: Nebraska
• Ch. 52: Liens

Text

(1)(a) The owner or operator of any threshing
machine or combine used in threshing, combining, or hulling grain or seed,
(b) the owner or operator of any mechanical cornpicker or mechanical cornhusker
used in picking or husking corn, and (c) the owner or operator of any cornsheller
used in shelling corn shall have and hold a lien upon such grain, seed, or
corn which he or she shall thresh, combine, hull, pick, husk, or shell with
such machine to secure the payment to him or her of the charges agreed upon
by the person for whom the threshing, combining, hulling, picking, husking,
or shelling was done or, if no charges are agreed upon, for such charges as
may be reasonable for such threshing, combining, hulling, picking, husking,
or shelling.
(2) A lien created under this section shall be perfected as provided
in article 9, Uniform Commercial Code. Any financing statement filed to perfect
such lien shall contain or have attached thereto (a) the name and address
and the social security number or federal tax identification number of the
owner or operator claiming the lien, (b) the name and address and the social
security number or federal tax identification number, if known, of the person
for whom the threshing, combining, hulling, picking, husking, or shelling
was done, (c) the amount due for such threshing, combining, hulling, picking,
husking, or shelling, (d) the amount of grain, seed, or corn covered by the
lien, (e) the place where the grain, seed, or corn is located, and (f) the
date on which the threshing, combining, hulling, picking, husking, or shelling
was done. Such financing statement shall be filed within thirty days after
the threshing, combining, hulling, picking, husking, or shelling was done.
The failure to include the social security number or federal tax identification
number shall not render any filing unperfected. At the time the lien is filed,
the lienholder shall send a copy to the person for whom the threshing, combining,
hulling, picking, husking, or shelling was done.
(3) In the event the person for whom the threshing, combining, hulling,
picking, husking, or shelling was done desires to sell or deliver the grain,
seed, or corn so threshed, combined, hulled, picked, husked, or shelled to
a grain elevator or to any other person, such person desiring to sell or deliver
the grain, seed, or corn shall notify the consignee or purchaser that the
threshing, combining, hulling, picking, husking, or shelling bill has not
been paid, and the lien created under this section on such grain, seed, or
corn shall shift to the purchase price thereof in the hands of the purchaser
or consignee. In the event the grain, seed, or corn is sold or consigned with
the consent or knowledge of the person entitled to a lien created under this
section within thirty days after the date of such threshing, combining, hulling,
picking, husking, or shelling, such lien shall not attach to the grain, seed,
or corn or to the purchase price thereof unless the person entitled to the
lien notifies the purchaser in writing of the lien.
(4) A lien created under this section shall be treated in all respects
as an agricultural lien as provided in article 9, Uniform Commercial Code,
and may be enforced in the manner and form provided for the enforcement of
secured transactions as provided in article 9, Uniform Commercial Code, except
that such enforcement shall be instituted within thirty days after the filing
of the lien. The fee for filing, amending, or releasing such lien shall be
the same as set forth in section 9-525 , Uniform Commercial Code.
(5) Effective January
1, 2015, this section applies to a lien created under this section regardless
of when the lien was created.

Legislative History

Source: Laws 1923, c. 117, § 1, p. 278; C.S.1929, § 52-501; Laws 1939, c. 83, § 1, p. 266; C.S.Supp.,1941, § 52-501; R.S.1943, § 52-501; Laws 1945, c. 126, § 1, p. 406; Laws 1961, c. 257, § 5, p. 755; Laws 1965, c. 317, § 1, p. 883; Laws 1969, c. 436, § 3, p. 1463; Laws 1984, LB 808, § 2; Laws 1988, LB 943, § 3; Laws 1998, LB 1321, § 81; Laws 1999, LB 550, § 14; Laws 2001, LB 54, § 4; Laws 2014, LB750, § 4. Annotations: An action to declare a lien void because there is no underlying debt is an action at law. Lone Cedar Ranches v. Jandebeur, 246 Neb. 769, 523 N.W.2d 364 (1994). The sole and only purpose of the thresher's lien law is to give notice of the existence of a lien by the person who combined the grain to all prospective purchasers of grain and to owners thereof within 30 days after completion of combining. The holder of a thresher's lien has the same rights of enforcement given to owners of secured interests, including the remedy of replevin. A thresher's lien is remedial in nature and requires liberal construction so that a purchaser may not escape the statute by merely paying the seller in advance. Honstein Trucking v. Sandhills Beef, Inc., 209 Neb. 422, 308 N.W.2d 331 (1981).