2010 Wyoming Statutes
Title 29 - Liens
Chapter 3 - Mines, Quarries, Oil, Gas Or Other Wells

CHAPTER 9 - MISCELLANEOUS LIENS CHAPTER 3 MINES, QUARRIES,OIL, GAS OR OTHER WELLS

 

ARTICLE 1 - IN GENERAL

 

29-3-101. Definitions.

 

 

(a) As used in this chapter:

 

(i) "Drilling" means open pit work, field processing, gasification, digging, shooting, torpedoing, perforating, fracturing, testing, logging, acidizing, cementing, completing or repairing;

 

(ii) "Material" means casing, tanks, pipelines, fuel, machinery, equipment, appliances, buildings, structures, tools, bits or supplies. "Material" does not include drilling rigs or hoists or their integral component parts except wire lines.

 

29-3-102. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.

 

 

(a) If a lien as provided by this chapter attaches to an estate less than the fee, forfeiture of the estate shall not impair any lien which attaches prior to forfeiture as to material, appurtenances and fixtures previously located on the estate.

 

(b) If a lien provided in this chapter attaches to an equitable interest or to a legal interest contingent upon the happening of a condition subsequent, failure of the interest to ripen into legal title or failure of the condition subsequent shall not impair any lien as to material, appurtenances and fixtures located thereon to which the lien attached prior to the failure.

 

29-3-103. Extent of liens; generally.

 

(a) Every person who works upon or furnishes material, whether incorporated into the real property or not, under contract with the owner of any interest in real estate or with an agent, trustee or receiver of an owner has a lien to secure payment for:

 

(i) Constructing, altering, digging, drilling, driving, boring, operating, completing or repairing any wells, mines or quarries;

 

(ii) Altering, repairing or constructing any oil derrick, oil tank or any pipelines;

 

(iii) Transportation and related mileage charges plus interest from the date due;

 

(iv) Advertising, selling and preparing for sale;

 

(v) Sheriff's fees; and

 

(vi) Attorney's fees and other costs of collection.

 

(b) Notwithstanding subsection (a) of this section and W.S. 29-3-105 (a) (iii) through (ix):

 

(i) If work is performed for or materials are furnished the owner of an estate less than a fee the lien granted by this chapter shall not extend to the underlying fee or royalty interest unless expressly provided by contract with the owner of the underlying fee or royalty interest;

 

(ii) If work is performed for or materials furnished to the owner, part owner or lessee of the working interest in only a portion of the acreage covered by a lease, the lien granted by this chapter shall be restricted to that portion of the acreage; and

 

(iii) If work is performed for, or materials furnished to the owners or an agent, trustee of [or] receiver of the owners of lands, leases or interests therein validly pooled or unitized by agreement of the owners thereof or by operation of law, the lien granted by this chapter shall extend to the lands, leases or interests so pooled or unitized.

 

29-3-104. Extent of liens; persons furnishing material or work under contract.

 

Any person, who furnishes or rents any materials or provides any work under contract with any contractor or subcontractor shall have a lien on all the property on which the lien of the contractor may attach to the same extent as the contractor's lien to secure payment.

 

29-3-105. Extent of liens; on oil, or proceeds thereof; notice to purchaser required; effect of notice; purchaser to withhold payments.

 

 

(a) The lien provided by this chapter covers:

 

(i) All the production of oil, gas and ore and minerals in solid form attributable to the interest subject to the lien;

 

(ii) The proceeds of production attaching to the working interest as the working interest existed on the date labor was first performed or materials were first furnished;

 

(iii) Any well;

 

(iv) Oil derricks;

 

(v) Oil tanks;

 

(vi) Any pipelines including rights-of-way;

 

(vii) Any mine or quarry;

 

(viii) All materials furnished for use with work done; and

 

(ix) The whole of the land or leasehold (or, in the case of validly pooled or unitized lands, leases or interests, the lands, leases or interests so pooled or unitized) and including all other wells, buildings, property and appurtenances, including water rights, located on the land or leasehold (or pooled or unitized lands, leases or interests) where work was performed or materials furnished.

 

(b) Any lien claimed pursuant to this chapter covering oil, gas or ore and minerals in solid form or the proceeds of their sale is not effective against any purchaser of the oil, gas or ore and minerals in solid form until written notice of the claim is delivered by certified mail, return receipt requested, to the purchaser at his principal place of business. Notice shall state:

 

(i) The name of the claimant;

 

(ii) His address;

 

(iii) The amount of the lien; and

 

(iv) The description of the interest on which the lien is claimed.

 

(c) The production of any mineral interest or working interest otherwise subject to a lien under this chapter is not to be encumbered until notice of the lien is delivered as provided in subsection (b) of this section to the holder of the interest. At the time notice is given any proceeds remaining unpaid or any proceeds yet to be paid on future sales of the mineral production shall be encumbered by the lien.

 

(d) A purchaser shall withhold payments for oil or gas runs or ore and minerals in solid form to the extent of the lien amount claimed until delivery of written notice the claim is settled or until otherwise ordered by a court of competent jurisdiction.

 

29-3-106. Lien statement to be filed; $750 minimum; place and time of filing.

 

(a) To perfect the lien provided by this chapter, a lien statement shall be filed with the county clerk and notice by certified mail shall be given by the lien claimant.

 

(b) The lien statement may be filed and the lien shall attach and be enforced if any sum exceeding seven hundred fifty dollars ($750.00) for materials furnished or work performed according to this chapter is owing. The lien claimant may file a lien statement in the office of the county clerk in any county where any part of the land, leasehold, mine, quarry, pipeline or other property to which a lien may attach under this chapter is situated within one hundred eighty (180) days:

 

(i) After the last day materials were delivered or work was performed under contract;

 

(ii) From the date the work was substantially completed as determined by the facts in each case; or

 

(iii) With respect to an employee or subcontractor, after the last day he performed work at the direction of his employer or contractor.

 

29-3-107. Property not to be sold or removed after perfected lien attaches without lienholder's consent; lienholder's rights upon violation.

 

 

(a) Property subject to a perfected lien shall not be sold or removed from the premises where it is located without the written consent of the holder of the lien and as may be appropriate by:

 

(i) The owner of the land;

 

(ii) The owner of any associated oil, gas or mineral leasehold interest;

 

(iii) The owner of any oil, gas or water pipeline;

 

(iv) Any contractor or subcontractor;

 

(v) The purchaser, trustee, receiver or agent of any owner;

 

(vi) Any lessor or lessee; or

 

(vii) Any agent of any contractor, subcontractor or purchaser.

 

(b) If a violation of this section occurs, the lienholder is entitled to possession of the property against which a perfected lien has attached wherever located and is entitled to have the property sold for payment of the debt whether the debt is due or not.

 

29-3-108. Fraudulent violation of section 29-3-107; penalty.

 

If any person removes any property covered by the lien created by this chapter from its location when the lien is filed and recorded without the written consent of the holder of the lien and with intent to defraud the lienholder, either originally or by transfer, the person removing or causing the property to be removed is guilty of a misdemeanor. On conviction he shall be punished by a fine of not more than seven hundred fifty dollars ($750.00).

 

29-3-109. Limitation of actions and duration of liens; procedure when property subject to lien removed to another county.

 

(a) Every person holding a lien created by this chapter may proceed to obtain a judgment for the amount claimed by civil action commenced on the account within one hundred eighty (180) days after filing of the lien statement required by W.S. 29-3-106. The lien shall continue until the case is finally determined.

 

(b) If any person removes any property subject to a lien to a county other than the one in which the lien is filed, the lien claimant may within thirty (30) days thereafter file with the county clerk of the county to which it has been removed an itemized inventory of the property removed. The inventory shall show the amount due and unpaid on the lien. The inventory shall be recorded in the lien records of that county. The filing shall operate as a notice of the continuing existence of the lien. The lien shall attach and extend to the land or leasehold and other premises, properties and appurtenances to which the property removed is attached.

 

29-3-110. Limitation upon owner's liability and rights.

 

Nothing in this chapter shall be construed to fix a greater liability against the owner of the land or leasehold (or pooled or unitized lands, leases or interests, as the case may be) than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. The owner shall not have the right to offset obligations of the contractor unless these obligations arise out of the original contract.

 

29-3-111. Claim against contractor submitted to owner; reduction of subsequent payments to contractor by owner; duty of owner to notify contractor and of contractor to dispute or adjust claim.

 

(a) Every person performing any work or furnishing any material, as specified in this chapter, under contract whose demand to be reimbursed for the work done or material furnished has not been paid shall serve the owner by certified mail return receipt requested, with an account signed before a notarial officer of the amount and value of the work performed or the material furnished remaining unpaid. Thereafter the owner or his agent shall retain out of any subsequent payments to the contractors the value of the work performed or material furnished for the person making the claim.

 

(b) When notice is served on the owner according to subsection (a) of this section he shall immediately furnish the contractor with a copy of the notice.

 

(c) Within ten (10) days of receipt of the notice required by this section the contractor shall give the owner affirmative written notice of:

 

(i) His intent to dispute the claim; or

 

(ii) His intent the claim should be settled as filed.

 

(d) If within ten (10) days after receiving notice the contractor takes no action he shall be presumed to have agreed to the validity of the claim. The owner is then authorized to withhold enough of all subsequent payments to be made to the contractor to pay all claims as they come due.