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58-220. Agister's lien; recording notice with register of deeds; sale for charges and expenses. Any owner of pasture lands, or the trustee or agent of such owner, who shall lease or rent such pasture lands exclusively for pasture purposes to any person, copartnership or corporation for the pasturing of cattle, horses, sheep or other livestock shall have a first and prior lien upon all of such livestock or so much thereof as may be necessary to secure the payment of the rent for said pasture lands, only, and said lien shall be preferred to that of any prior security interest or other encumbrance and shall be valid irrespective of possession by the owner of such lands, or the owner's trustee or agent: Provided, The lessor record a duly verified notice of his or her claim to a lien upon such livestock in the office of the register of deeds in the county where such livestock is pastured prior to the expiration of fifteen (15) days after such livestock is removed from the pasture.

If the contract price be not paid when the same is due and payable, the said livestock, or so much thereof as may be necessary to pay said lien and the expenses of sale, may be sold at public sale in the county where the lien arose, after giving ten days' written notice to the owner, trustee or agent by registered mail at his or her last-known address, and by publishing notice of said sale once in a newspaper of general circulation in the county where said livestock may be located: Provided further, That foreclosure proceedings must be commenced on or before December thirty-first following the season for which such rent is owing.

History: L. 1937, ch. 267, § 1; L. 1938, ch. 53, § 1; L. 1939, ch. 229, § 1; L. 1965, ch. 564, § 409; January 1, 1966.

Law Review and Bar Journal References:

Analyzed in article on tenant farmers, H. W. Hannah, 7 K.L.R. 295, 303 (1959).

Secured transactions under UCC, J. Eugene Balloun, 5 W.L.J. 192, 213 (1966).

Security interests on farming operations, Van Smith, 35 J.B.A.K. 299, 339 (1966).

Survey of Kansas law on real and personal property (1965-1969), 18 K.L.R. 427, 431 (1970).

Implied warranty of habitability, 22 K.L.R. 666, 671 (1974).

"Kansas Farmland Lease Law," Sam Brownback, Tex T. Svitavsky, 54 J.K.B.A. 201, 207 (1985).

"Revised Article 9 in Kansas," Hon. John K. Pearson, 51 K.L.R. 769, 778 (2003).


1. Basic legal principles of personal property liens reviewed; common-law requirement of possession still overriding consideration. Northeast Kansas Prod. Cred. Ass'n v. Ferbache, 236 K. 491, 493, 494, 693 P.2d 1152 (1985).

2. Agister's lien claim waived when possession surrendered to buyer; right inferior to unperfected security interest in cattle. First Nat. Bank of Amarillo v. SW Livestock, Inc., 616 F.Supp. 1515, 1518 (1985).

3. Principal on replevin bond versus cattle owner employee and pasture owners or lessees; statute discussed in depth. Hermes v. Stackley, 10 K.A.2d 342, 699 P.2d 560 (1985).

4. Denial of agister's lien to owner of pasture land disclaiming interest in secured cattle pasturing thereon examined. Peterson v. Midland Nat'l Bank, 242 K. 266, 267, 747 P.2d 159 (1987).

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