58-243. Same; effect of lien; priority; what lien attaches to; when lien attaches. (a) A supplier who furnishes crop production inputs has a lien for the unpaid retail cost of the crop production inputs. Subject to the limitations of subsection (d) of K.S.A. 58-242, the lien shall have priority over a security interest of a lender only if perfected and if the supplier notifies the lender of the supplier's lien pursuant to K.S.A. 58-242. The lien attaches to:
(1) The existing crops upon the land where the furnished agricultural chemical was applied or if crops are not planted, to the next production crop within 16 months following the last date on which the agricultural chemical was applied;
(2) the crops produced from the furnished seed; or
(3) the crops produced, harvested or processed using the furnished petroleum product. If the crops are grown on leased land and the lease provides for payment in crops, the lien does not attach to the lessor's share of the crops. The lien continues in crop products and proceeds, except that the lien does not continue after a cash sale.
(b) A supplier who furnishes livestock production inputs has a lien for the unpaid retail cost of the livestock production input. Subject to the limitations of subsection (d) of K.S.A. 58-242, the lien shall have priority over a security interest of a lender only if perfected and if the supplier notifies the lender of such supplier's lien pursuant to K.S.A. 58-242. The lien attaches to all livestock consuming the feed and continues in livestock products and proceeds, except that the lien does not continue after a cash sale. A perfected lien that attaches to livestock may not exceed the amount, if any, that the sales price of the livestock exceeds the greater of the fair market value of the livestock at the time the lien attaches or the acquisition price of the livestock.
(c) A lien attaches when the agricultural production inputs are furnished by the supplier to the purchaser.
History: L. 1985, ch. 4, ยง 3; Sept. 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 2 - Liens On Personal Property
58-201 Liens for materials and services; filing statements with register of deeds, contents.
58-202 Same; enforcement and foreclosure; time restrictions; destruction of records.
58-203 Lien for threshing or husking.
58-204 Same; lien statement to be filed with register of deeds; fee.
58-205 Same; assignment; time for bringing action.
58-206 Same; selling, disposing or secreting grain with intent to defraud; penalty.
58-207 Lien for feed and care of livestock; sale for charges and expenses; assignment of lien.
58-209 Sale of animals or goods of perishable nature after thirty days.
58-210 Additional compensation for care of property taken from proceeds.
58-211 Sale of property; notice required; form and content of notice.
58-212 Public auction sale required.
58-214 Filing copies of notices, proof of publication and other papers with county clerk; evidence.
58-215 Voluntary delivery of property as abandonment of lien; waiver by special contract.
58-218 Liens for seeding and baling broomcorn and baling hay.
58-219 Perfection, duration and enforcement of such liens.
58-220 Agister's lien; recording notice with register of deeds; sale for charges and expenses.
58-221 Same; disposition of proceeds of sale.
58-224 Same; notice requirements; cost of posting.
58-225 Same; disposition of overplus from sale.
58-226 Same; posting notices in receiving offices.
58-243 Same; effect of lien; priority; what lien attaches to; when lien attaches.
58-244 Same; when perfected; priority of lien not perfected; duties of filing offices; fees.
58-246 Same; action to enforce lien in district court; when lien extinguished.