2014 Kentucky Revised Statutes CHAPTER 376 - STATUTORY LIENS 376.400 Lien of keeper of livery stable or agister for care of livestock -- Sale of livestock cared for -- Conditions.
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376.400 Lien of keeper of livery stable or agister for care of livestock -- Sale
of livestock cared for -- Conditions.
(1)
(2)
(3)
Any owner or keeper of a livery stable or other business providing for the care
of animals, and a person feeding, grazing, or caring for any animal for
compensation, shall, except as provided in subsection (2) of this section, have
a lien for one (1) year upon the animal placed in the stable, kennel, or similar
facility, or put out to be fed or grazed by the owner, for his or her reasonable
charges for keeping, caring for, feeding, and grazing the animal. The lien shall
attach whether the animal is merely temporarily lodged, fed, grazed, and cared
for, or is placed at the stable or other place or pasture for regular board. The
lien shall take priority over a lien created pursuant to KRS 376.420(1).
Any person who has agreed to provide feed or care for an animal for
compensation may, in lieu of the lien provided for in subsection (1) of this
section, cause the animal to be sold if:
(a) The owner of the animal is at least forty-five (45) days in arrears on his or
her payment for the care and feeding of the animal, and the animal is in
the possession of the person or business providing for the care of the
animal;
(b) The proposed sale is published in one (1) or more newspapers and
qualified pursuant to KRS Chapter 424, with a publication area in the
locale where the person providing care for the animal is located and the
locale where the owner of the animal was last known to reside; and
(c) Written notice of the sale is sent by certified mail, return receipt
requested, or registered mail, to the owner of the animal, addressed to
such person at his or her last known address, and to all lien holders of
record with the Kentucky Secretary of State and the local county clerk's
office, at least ten (10) days before the sale is conducted. The written
notice shall include:
1.
The amount due the person or business providing care for the
animal;
2. The date, time, and location of the sale; and
3.
A statement that the sale proceeds shall be disbursed as provided
in subsection (3) of this section.
If a sale is conducted as provided in subsection (2) of this section, the
proceeds of the sale shall be disbursed in the following order:
(a) Payment for costs associated with the sale;
(b) Payment of amounts due to the person or business providing for the care
and feeding of the animal;
(c) Payment to lien holders and creditors pursuant to a court order; and
(d) The remainder, if any, held for the owner for a period of twelve (12)
months and, if not claimed at that time, then paid into the district school
fund.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 91, sec. 1, effective June 25, 2009. -Amended 1996 Ky. Acts ch. 28, sec. 1, effective July 15, 1996. -- Amended
1984 Ky. Acts ch. 231, sec. 1, effective July 13, 1984. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2500.
Legislative Research Commission Note (6/25/2009). The Reviser of Statutes has
corrected a manifest clerical or typographical error in subsection (1) of this
statute under the authority of KRS 7.136(1)(h).
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