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376.140 Lien on gas, oil or other mineral leasehold -- Provisions governing such a
lien.
(1)
(2)
(3)
Any person who performs labor or furnishes materials, supplies, fixtures, machinery
or other things of value to a lessee holding or owning a leasehold, or any right
conferred by a lease, relating to oil, gas or other minerals, in the development or
improvement of the leasehold, by contract with or by the written consent of the
owner or the agent or representative of the owner of the leasehold, shall have a lien
on the leasehold or the entire interest of the lessee including oil or gas wells,
machinery and equipment, to secure the payment for the labor or things furnished. If
the labor or things are furnished at the written request or by the written consent of
any contractor or subcontractor, or the agent of either, the lien herein given shall be
for the benefit of whoever may furnish any of the labor or things mentioned. The
lien herein provided for shall be effective against the leasehold, or the entire interest
of the lessee therein, including all improvements thereon belonging to the lessee.
If the lessee claims by executory contract, and if for any cause, the contract shall be
rescinded or set aside, the lien provided for in subsection (1) of this section shall
follow the leasehold into the hands of the person to whom the same may go, or with
whom it may remain by reason of the rescission. If by the rescission the interest
covered by the lease becomes vested in the lessor, the interest so covered by the
lease shall be subject to said lien. If the lessee should be evicted from the possession
of the leasehold by the judgment of a court, the lien shall nevertheless be effective
against the leasehold and the improvements placed thereon by the lessee or those
under whom he claims, while he or they were in possession thereof. If the lease
expires or is forfeited, or the lessee in any other way loses his rights thereunder, the
lien provided for shall nevertheless be effective against the leasehold, whoever may
be the owner thereof, to the extent of the interest held by the lessee at the time the
labor was performed or the things mentioned furnished, and this shall be true
although the interest of the lessee may revert to the lessor. The lienholder may elect
to remove any improvements from the premises if it can be done without material
injury to any previous improvements on the leasehold, and when the election is
made and improvement is removed the owner of the leasehold shall be given credit
by the value of the improvements so removed and the lien-holder may enforce his
lien to the extent of any balance remaining unpaid.
The provisions of KRS 376.010 and KRS 376.080 to 376.130 shall apply to the lien
provided for in subsection (1) of this section. When necessary for the purposes of
such application, "owner" shall be construed to mean "lessee" and "property" to
mean "leasehold."
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2479a-1, 2479a-2, 2479a-3, 2479a-4, 2479a-5, 2479a-6, 2479a-7.
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