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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shall be rescinded or set aside, the lien provided for in subsection (1) of this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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