55-214. Any person entitled to file a lien as provided for in this act, shall within one hundred twenty (120) days after the oil-field equipment was transported and delivered, file a statement in the office of the clerk of the district court of such county where such oil-field equipment was delivered, and at the time of filing such statement the claimant shall serve a copy of said statement upon the owner thereof, or upon the trustee, agent, or receiver of any such owner by mailing a copy of such statement to the said owner or to the trustee, agent, or receiver of such owner by registered mail to his or her or their last known address. That after the filing and service of such notice as heretofore provided, it shall be the duty of any such owner, trustee, agent, or receiver of any such owner to notify in writing any person who has a lien upon any such oil-field equipment and materials before removing the same from the leasehold to which the lien claimant delivered said oil-field equipment and materials. Such statement shall include the amount claimed and the items thereof described as definitely as practicable, the name of the owner, the name of the contractor, the name of the claimant and a full description of the property subject to the lien, verified by affidavit.
In the event such oil-field equipment or any part thereof has been removed from the county in which it was originally delivered into another county within the state, any person entitled to file a lien as provided for in this act, may within thirty (30) days after that person has received notice that such oil-field equipment or any part thereof has been removed from the county in which it was originally delivered, file in the office of the clerk of the district court of such county, a copy of the lien which has heretofore been filed in the county in which such property was originally transported and delivered. The lien provided for hereunder shall not be prior to any valid and existing perfected security interest.
History: L. 1941, ch. 281, § 3; L. 1945, ch. 231, § 3; L. 1953, ch. 267, § 1; L. 1965, ch. 564, § 403; January 1, 1966.
Law Review and Bar Journal References:
Priority of liens under UCC, J. Eugene Balloun, 5 W.L.J. 192, 213 (1966).
CASE ANNOTATIONS
1. Discussed in construing sections K.S.A. 55-212(b) and 55-213. Rodgers v. Arapahoe Pipe Line Co., 181 Kan. 579, 582, 583, 584, 585, 313 P.2d 740.
2. Contract with alleged agent; agency express or implied not proved; no lien. Rodgers v. Arapahoe Pipe Line Co., 185 Kan. 424, 425, 429, 345 P.2d 702.
3. Preferences for wages due when receiver appointed (K.S.A. 44-312) as not creating lien or priority over perfected security interests examined. First Nat'l Bank v. Family Medicine Clinic of Medicine Lodge, 14 Kan. App. 2d 749, 751, 798 P.2d 519 (1990).
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