# Title 35 — Liens

## Chapter 35-17 — Agister's Lien

### § 35-17-01. Agister's lien authorized.

Any person to whom any animal is entrusted by the owner thereof for the purpose of
feeding, herding, pasturing, or ranching has a lien upon the animals for the amount that may be
due for feeding, herding, pasturing, or ranching, and is authorized to retain possession of the
animal until the amount is paid. This section does not apply to stolen stock.
### § 35-17-02. Priority of agister's lien - Notice to holders of prior liens.

An agister's lien has priority over all other liens on the property for ten days after the receipt
thereof, and thereafter has priority over all other liens on the property if the person to whom the
property is entrusted as provided in this chapter, within such ten days, serves written notice
upon the holders of prior liens that the property has been entrusted for one or more of the
purposes mentioned in section 35-17-01, specifies which purpose, and the name of the person
entrusting the property therefor. If the residence of the holder of the lien is unknown, or if the
holder is not a resident of this state, the notice may be served by publication thereof in one
issue of a newspaper published in the county in which the property is being kept.
### § 35-17-03. Agister's lien by filing - Priority of lien.

In addition to sections 35-17-01 and 35-17-02, any person to whom any animal is entrusted
by the owner for the purpose of feeding, herding, pasturing, or ranching, upon filing the
statement prescribed in section 35-17-04, is entitled to a lien upon the animal for the amount
that may be due for feeding, herding, pasturing, or ranching, effective from the date the person
entitled to the lien comes into possession of the animal. A lien taken pursuant to this section
upon anything other than the animal is void. An agister's lien has priority, as to the animals
covered by the lien, over all other liens or encumbrances, except agricultural processors' or
agricultural suppliers' liens. This section does not apply to stolen stock.
### § 35-17-04. Procedure to obtain lien - Statement filed - Contents - Waiver.

Any person entitled to an agister's lien, within ninety days after taking possession of the
animal, may file electronically in the central indexing system, a statement containing the
following information:
1. The number of and a description of the animals subject to the lien and the legal
description as to the location of the animals.
2. The name and address of the person for whom the animals are kept.
3. The name and address of the lienholder.
4. The price agreed upon for keeping the animals and, if no price was agreed upon, the
reasonable value of the services.
5. The social security number or, in the case of a debtor doing business other than as an
individual, the internal revenue service taxpayer identification number of the person for
whom the animals are kept.
The secretary of state shall provide a means to obtain electronically a lien under this section or
gain protection under the central notice system, or both. If the statement is not filed within ninety
days as required by this section, the person entitled to the lien under section 35-17-03 waives
the lien.
### § 35-17-05. Information to be filed by a lienholder with the secretary of state.

Repealed by S.L. 1991, ch. 449, § 21.
### § 35-17-06. Secretary of state to remove and destroy certain documents.

The secretary of state shall remove and destroy liens filed in the secretary of state's office
pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.

### § 35-17-07. Amendment of lien.

A lienholder may file electronically an amendment to correct the social security or internal
revenue service taxpayer identification number of the debtor, to correct the spelling of the
debtor's or lienholder's name, or to correct or change the address of the debtor or lienholder.
The secretary of state shall provide a means to electronically amend or assign the agister's lien
that has been filed pursuant to section 35-17-04. The amendment or assignment of a lien does
not affect the priority of the lien.
### § 35-17-08. Fees - Penalty.

The fee for filing electronically an agister's lien and related documents in the central notice
system is the same as that provided for in section 41-09-96. If a lienholder fails to file
electronically a termination statement within sixty days after the lien has been satisfied, the
lienholder is liable to the debtor for one hundred dollars.
