§ 4-201.5 — Commingled livestock - Priority.

If livestock subject to an owner’s lien are commingled with other livestock in such a manner that the identity of the specific livestock subject to the owner’s lien cannot be determined by reasonable means, then the owner’s lien continues without interruption into and attaches to such commingled livestock and is perfected automatically as of the date of its original perfection but only as to the percentage of the commingled livestock equal to the number of livestock to which the owner’s lien originally attached. In such event, the owner’s lien in the commingled livestock has priority over any security interest or other lien that is not an owner’s lien or permitted lien, whether or not the security interest or other lien has been properly perfected. If more than one owner’s lien attaches to the commingled livestock, then the owner’s liens rank equally in the proportion that the respective sales prices secured by each owner’s lien bears as a percentage of the total of the sales prices secured by all owner’s liens applicable at the time the livestock were commingled.

Legislative History

Added by Laws 2011, c. 123, § 6, eff. Nov. 1, 2011.