STATUTORY LIENS

KRS tit. XXXI, ch. 376

in effect

KRS 376.010 Mechanics' and materialman's liens -- Filing of statement of amount claimed -- Extent of lien -- Notice to owner, agent, or lessee

376.010. Mechanics' and materialman's liens -- Filing of statement of amount claimed -- Extent of lien -- Notice to owner, agent, or lessee (1) (a) Any person who performs labor or furnishes materials for the erection, altering, or repairing of a hou se or other structure or for any fixture or machinery therein, for the excavation of cellars, cisterns, vaults, wells, or for the improvement in any manner of real property including the furnishing of agricultural lime, fertilizer, concrete pipe or drainag e tile, crushed rock, gravel for roads or driveways, and materials used in the construction or maintenance of fences, by contract with, or by the written consent of, the owner, lessee, contractor, subcontractor, architect, or authorized agent, shall have a lien thereon, and upon the land upon which the improvements were made, or on any interest the owner or lessee has therein, to secure the amount thereof with interest as provided in KRS 360.040, and costs. (b) When improvements to property are made pursuan t to an agreement or contract with a lessee, the lessee shall not be deemed the authorized agent of the owner unless the owner has designated the lessee, in writing, as the owner's agent for purposes of entering into the agreement or contract. (c) The lien on the land or improvements shall be superior to any mortgage or encumbrance created subsequent to the beginning of the labor or the furnishing of the materials, and the lien, if asserted as hereinafter provided, shall relate back and take effect from the time of the commencement of the labor or the furnishing of the materials. (d) The lien shall not be for a greater amount in the aggregate than the contract price of the original contractor, and should the aggregate amount of the liens exceed the price agreed upon between the original contractor and the owner there shall be a pro rata distribution of the original contract price among the lienholders. (2) (a) The lien shall not take precedence over a mortgage or other contract lien or bona fide conveyance for value without notice, duly recorded or lodged for record according to law, unless the person claiming the prior lien shall, before the recording of the mortgage or other contract lien or conveyance, file in the office of the county clerk of the county wh ere he or she has furnished or expects to furnish labor or materials, a statement showing that he or she has furnished or expects to furnish labor or materials, and the amount of the labor or materials in full. (b) The lien shall not, as against the holder of a mortgage or other contract lien or conveyance, exceed the amount of the lien claimed or expected to be claimed as set forth in the statement. (c) The statement shall, in other respects, be in the form prescribed by KRS 376.080. (3) (a) Any lien under this section shall only extend to the right, title, and interest of the person who contracts for the improvements as the right, title, and interest exist at the commencement of the improvements or as thereafter acquired in the real property. When improvem ents to property are made by a lessee in accordance with an agreement between the lessee and his or her lessor, the lien shall also extend to the interest of the lessor. (b) When a lease agreement expressly provides that the interest of the lessor shall not be subject to liens for improvements made by the lessee, the lessee shall notify the contractor making any improvements of the provisions in the lease, and the knowing or willing failure of the lessee to provide this notice to the contractor shall render the contract between the lessee and the contractor voidable at the option of the contractor. (4) (a) A person who has not contracted directly with the owner, the owner's agent, or the lessee, if applicable, shall not acquire a lien under this section unless he or she notifies, in writing, the owner of the property to be held liable,the owner's authorized agent, or the lessee, if applicable, within seventy-five (75) days on claims amounting to less than one thousand dollars ($1,000) and one hundred twenty (120) days on claims in excess of one thousand dollars ($1,000) after the last item of material or labor is furnished, of his or her intention to hold the property liable and the amount for which he or she will claim a lien; and (b) It shall be sufficient to prove that the notice was mailed to the last known address of the owner of the property upon which the lien is claimed, or to the owner's duly authorized agent within the county in which the property to be held liable is located. (5) (a) A person who has not contracted directly with the owner or the owner's authorized agent shall not acquire a lien under this section on an owner- occupied single or double family dwelling, the appurtenances or additions thereto, or upon other improvements for agricultural or personal use to the real property or real property contiguous thereto and held by the same owner, upon which the owner-occupant's dwelling is located, unless he or she notifies in writing the owner of the property to be held liable or the owner's authorized agent not more than seventy-five (75) days after the last item of material or labor is furnished, of the delivery of the material or performance of labor and of his or her intention to hold the property liable and the amount for which he or she will claim a lien. (b) It shall be sufficient to prove that the notice was mailed to the last known address of the owner of the property upon which the lien is claimed, or to the owner's duly authorized agent. (c) The notice under this subsection is in lieu of the notice provided for in subsection (4) of this section. (d) Notwithstanding the foregoing provisions of this subsection, the lien provided for under this section shall not be applicable to the extent that an owner- occupant of a single or double family dwelling, or owner of other property as described in this subsection has, prior to receipt of the notice provided for in this subsection, paid the contractor, subcontractor, architect, or authorized agent for work performed or materials furnished prior to such payment. (e) The contractor or subcontractor cannot be the authorized agent under this subsection. (f) This subsection shall apply to the construction of single or double family homes constructed pursuant to a construction contract with a property owner and intended for use as the property owner's dwelling. (6) For purposes of this section, "labor" includes but is not limited to all supplies and work done by teams, trucks, machinery, and mechanical equipment, whether the owner furnishes a driver or operator or not. (7) As used in this section: (a) "Supplies" includes small tools and equipment reasonably necessary in performing the work required to be done, including picks, shovels, sledge hammers, axes, pulleys, wire cables, ropes, and other similar items costing not more than fifty dollars ($50) per item, and tires and tubes furnished for use on vehicles engaged in the performance of the work; and (b) "Supplies" also includes the cost of labor, materials, and repair parts supplied or furnished for keeping all machinery and equipment used in the performance of the work in good operating condition; and shall include the agreed or reasonable rental price of equipment and machinery used in performing the work to be done: 1. The lien for rental equipment or machinery shall not be more than the aggregate sum of six (6) months' rental, and the aggregate amount of such rental shall not exceed sixty percent (60%) of the agreed value of the machinery or equipment; and 2. The liens for supplies as defined in this subsection are subordinate to the liens for labor, material, and supplies as defined in this section. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 177, sec. 4, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 66, sec. 1, effective July 15, 2002. -- Amended 1994 Ky. Acts ch. 167, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 259, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 385, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 501, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 173, sec. 1. -- Amended 1972 Ky. Acts ch. 191, sec. 1. - - Amended 1952 Ky. Acts ch. 9, sec. 1, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2463. Legislative Research Commission Note (6/29/2023). 2023 Ky. Acts ch. 177, sec. 6, provides that the provisions of subsection (3) of this statute shall not apply to any lease or agreement entered into prior to June 29, 2023.

KRS 376.020 Lien follows property if executory contract for sale is rescinded

376.020. Lien follows property if executory contract for sale is rescinded If the owner claims by executory contract and for any cause the contract is rescinded or set aside, the lien provided for in KRS 376.010 shall follow the property into the hands of the person to whom the property may come or with whom it may remain by reason of the rescissions, but only to the extent that the actual value of the property is enhanced by the improvements so placed upon it. History: Amended 1944 Ky. Acts ch. 173, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2464.

KRS 376.030 Eviction of owner -- Rights of lienholder

376.030. Eviction of owner -- Rights of lienholder If the owner or claimant of the property is evicted from possession by the judgment of a court, and is entitled to compensation for improvements, the holder of a lien under KRS 376.010 shall, to the extent of the lien, debt and costs, be substituted to the rights of the person evicted and shall have satisfaction of his debt and costs out of the sum adjudged for improvements. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2465.

KRS 376.040 Forfeiture or surrender of lease -- Removal of improvements

376.040. Forfeiture or surrender of lease -- Removal of improvements If labor is performed or materials furnished by contract with the lessee of real property for a term of years, and if before the expiration of the term by lapse of time the lessee's interest therein shall, from any cause, be forfeited or surrendered to the lessor, and if the lessor refuses to pay for the labor or materials furnished, the person furnishing the labor or materials may remove the same from the premises, if this can be done without material injury to any previous improvement on the premises. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2466.

KRS 376.050 Mortgage for building or improvement purposes to state facts -- Misapplication of proceeds

376.050. Mortgage for building or improvement purposes to state facts -- Misapplication of proceeds (1) Any mortgage taken to secure a loan made for the purpose of erecting, improving or adding to a building shall state such facts. (2) No person shall willfully misappropriate or misapply the proceeds received from such a loan. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2467.

KRS 376.060 Sale or mortgage of property subject to lien -- Proceeds to be applied to payment of lien

376.060. Sale or mortgage of property subject to lien -- Proceeds to be applied to payment of lien If the owner of any legal or equitable interest in land or improvements thereon contracts for labor or material used in the erection, repair or improvement of any structure thereon under such circumstances that a lien for the payment therefor may attach to the property, and sells or mortgages the property before the expiration of the time provided for the filing and recording of a mechanic's or materialman's lien, he shall, on receiving the consideration for the sale or the proceeds of the loan, pay in full any sum owing for the labor and materials, unless released in writing by the person furnishing the labor or materials. If the sum received is insufficient to make such payment in full, the owner shall make pro rata payments on all claims for such labor and materials. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2467a-1.

KRS 376.070 Contractor or architect to apply payments to claims -- Exception where lien waived

376.070. Contractor or architect to apply payments to claims -- Exception where lien waived (1) Any contractor, architect or other person who builds, repairs or improves the property of another under such circumstances that a mechanic's or materialman's lien may be imposed on the property shall, from the proceeds of any payment received from the owner, pay in full all persons who have furnished material or performed labor on the property. (2) If any payment by the owner to the contractor, architect or other person is not sufficient to pay in full all bills for material and labor, then such claims shall be paid on a pro rata basis to the amount of payments received, unless otherwise agreed between the contractor, architect or other person and the holder of the claim for material or labor. (3) This section shall not apply where persons furnishing material or performing labor have waived in writing their right to file mechanics' or materialmen's liens. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2467b-1, 2467b-2, 2467b-3.

KRS 376.075 Engineers', architects', landscape architects', real estate brokers', and land surveyors' liens -- When lien not required of real estate broker -- Filing statement of amount claimed

376.075. Engineers', architects', landscape architects', real estate brokers', and land surveyors' liens -- When lien not required of real estate broker -- Filing statement of amount claimed (1) Any professional engineer, licensed architect, licensed landscape architect, real estate broker, or professional land surveyor who performs professional services or services as defined in KRS 322.010(4) for professional engineers, KRS 323.010(3) for architects, KRS 323A.010(3) for landscape architects, KRS 324.010(1) for real estate brokers, and KRS 322.010(10) for professional land surveyors shall have a lien on the building, structure, land, or project relative to which the services were performed, to secure the amount of the charges for services with interest as provided in KRS 360.040 and costs. (2) The provisions of KRS 376.010(1) and (2) shall determine when a lien created under this section shall take precedence over a mortgage or other contract lien or bona fide conveyance for value without notice. (3) No person who has not contracted directly with the owner or his agent shall acquire a lien under this section. (4) Any lien provided for under this section shall be dissolved unless the claimant, within six (6) months after he ceases to provide services, files in the office of the county clerk of the county in which the property is situated a statement of the amount due the claimant, with all just credits and setoffs known to him, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it, the name of the owner, if known, and whether the services were furnished by contract with the owner or with a contractor or architect. This statement shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf. (5) Any lien created under this section shall be dissolved unless an action is brought to enforce the lien within twelve (12) months from the day of filing the statement in the clerk's office as required by subsection (4) of this section. If the lienholder complies with all filing requirements under this section, and does so within the time fixed, his lien shall be valid and effective against any creditor of, or bona fide or other purchaser from, the owner of the property. (6) The provisions of this section shall in no way abridge or conflict with the provisions of KRS 376.210 which provide for liens on public improvements, and any potential lien or valid lien of a professional engineer, architect, landscape architect, real estate broker, or professional land surveyor on a public improvement shall be governed by KRS 376.210. (7) No real estate broker shall acquire a lien under this section relative to newly constructed residential real estate unless the purchaser has agreed in writing to directly compensate such broker for performing brokerage services related to the transaction. (8) No real estate broker shall acquire a lien under this section unless: (a) The owner or the owner's authorized agent: 1. Lists the subject property with the broker under the terms of a written agreement to sell, lease, or otherwise convey any interest in the subject property; or 2. Agrees in a written agreement to pay the broker a fee for his or her services as a buyer's representative; and (b) The broker or the broker's affiliated sales associate provides licensed services that result, during the term of a written agreement described in paragraph (a) of this subsection, in the procuring of a person or entity ready, willing, and able to purchase, lease, or otherwise accept a conveyance of the property or any interest in the property: 1. Upon terms contained in a written agreement described in paragraph (a) of this subsection; or 2. Upon terms that are otherwise acceptable to the owner or the owner's authorized agent as evidenced by a written agreement to convey any interest in the property signed by the owner or the owner's authorized agent. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 107, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 214, sec. 45, effective January 1, 1999. -- Amended 1992 Ky. Acts ch. 118, sec. 1, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 111, sec. 151, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 502, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 270, sec. 1.

KRS 376.080 Lien dissolved unless statement filed with county clerk and copy mailed to property owner -- Form of statement

376.080. Lien dissolved unless statement filed with county clerk and copy mailed to property owner -- Form of statement (1) Any lien provided for in KRS 376.010 shall be dissolved unless the claimant, within six (6) months after he ceases to labor or furnish materials, files in the office of the county clerk of the county in which the building or improvement is situated a statement of the amount due him, with all just credits and set-offs known to him, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it, the name of the owner, if known, and whether the materials were furnished or the labor performed by contract with the owner or with a contractor or subcontractor. Lien statement forms shall require the name and address of the claimant. If the claimant is a corporation, the statement shall require the name and address of the corporation's process agent, or some other address at which service of process under the Rules of Civil Procedure may be accomplished. If no name and address is included in the statement, service of process in an action involving the real property may be accomplished by serving the person who signs the lien statement. This statement shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf. The claimant shall send by regular mail a copy of the statement to the property owner at his last known address within seven (7) days of filing the statement with the county clerk. Any lien provided for in KRS 376.010 shall be dissolved if a copy of the statement is not sent to the property owner as provided in this subsection. (2) The county clerk shall endorse upon each statement the date of its filing, and shall make an abstract of the statement in a book to be kept by him for that purpose, properly endorsed and indexed, containing the date of filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the lien. The clerk shall receive a fee pursuant to KRS 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 468, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 259, sec. 2, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 84, sec. 13, effective June 17, 1978; and ch. 384, sec. 503, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2468, 2469.

KRS 376.090 Limitation on action to enforce lien -- Priority of lien

376.090. Limitation on action to enforce lien -- Priority of lien (1) Any lien provided for in KRS 376.010 shall be deemed dissolved unless an action is brought to enforce the lien within twelve (12) months from the day of filing the statement in the clerk's office, as required by KRS 376.080. If the debtor against whose property the lien is claimed dies before the expiration of the time prescribed for bringing the action, a further period of six (6) months from the date of the qualification of his personal representative shall be allowed within which the action may be brought. (2) Any lien provided for in KRS 376.010 shall, if the lienholder complies with the requirements of KRS 376.080 and subsection (1) of this section, and does so within the time therein fixed, be valid and effectual against any creditor of, or bona fide or other purchaser from, the owner of the property. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2470, 2477.

KRS 376.100 Release of lien by execution of bond

376.100. Release of lien by execution of bond The owner or claimant of property against which a lien has been asserted, or any contractor or other person contracting with the owner or claimant of such property for the furnishing of any improvements or services for which a lien is created by this chapter or any subcontractor or other person in privity with the contractor, may, at any time before a judgment is rendered enforcing the lien, execute before the county clerk in which the lien was filed a bond for double the amount of the lien claimed with good sureties to be approved by the clerk, conditioned upon the obligors satisfying any judgment that may be rendered in favor of the person asserting the lien. The bond shall be preserved by the clerk, and upon its execution the lien upon the property shall be discharged. The person asserting the lien may make the obligors in the bond parties to any action to enforce his claim, and any judgment recovered may be against all or any of the obligors on the bond. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 96, sec. 1, effective June 8, 2011. -- Amended 1986 Ky. Acts ch. 390, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 504, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2478.

KRS 376.110 Action to enforce lien -- Referred to master commissioner -- Special commissioner

376.110. Action to enforce lien -- Referred to master commissioner -- Special commissioner (1) An action to enforce a lien provided for in KRS 376.010 shall be by equitable proceedings, and conducted as other proceedings in equity in similar cases except as otherwise provided. The petition shall allege the facts necessary to secure a lien, and shall describe the property charged and the interest the plaintiff seeks to subject. As many of the lien-holders as wish to do so may unite in the action as plaintiffs, and those who are not plaintiffs shall be made defendants. The debtor or his personal representative or heirs or devisees, and all other persons having liens on or interests in the property sought to be subjected, shall be made defendants. The clerk of the court in which the petition is filed shall issue the proper process against the resident defenders, enter warning orders against the nonresidents and appoint an attorney to defend for them, and appoint guardians for the infants. After the expiration of ten (10) days from the filing of the petition, the clerk of the court in which the petition was filed shall draw up an order referring the action to the master commissioner of the court and file it with the petition, deliver to the commissioner the pleadings and papers of the action, and make a memorandum thereof in his minute book. (2) If for any cause it should be improper to refer the case to the master commissioner, he is then directed to select some suitable person to act as commissioner for the occasion and refer the case to him; but before such person shall proceed to act, he shall, before the clerk, take an oath, and execute bond, with sufficient surety, similar in all respects to the bond required to be executed by the master commissioner, which bond shall be preserved by the clerk, and reported to the court. Effective: January 2, 1978 History: Amended 1976 (1st Extra Sess.) Ky. Acts ch. 14, sec. 287, effective January 2, 1978. -- Amended 1942 Ky. Acts ch. 125, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2471, 2476.

KRS 376.120 Notice to parties of time and place of hearing by commissioner

376.120. Notice to parties of time and place of hearing by commissioner (1) The commissioner shall immediately ascertain the name of each person who has filed a lien against the property sought to be subjected, and fix a time and place at which he will hear proof touching claims against the property. Any person holding a lien against the property, whether arising under the provisions of KRS 376.010 or otherwise, is required to present his claim with the evidence in its support to the commissioner. The owner of the property, or any other person whose interest may be affected by the action, may contest any claim presented. (2) Any person shall be deemed a party to the action, though not made so by the pleadings or by the service of process, who presents to the commissioner a claim against the property sought to be subjected or who appears before the commissioner to contest the claim of another. (3) The commissioner shall give reasonable written notice to all parties to the action, and to any other lien-holders known to him or those that reside in the county, or to their attorneys, of the time and place of receiving proof of claims. He shall also post a similar notice on the front door of the courthouse of the county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2472, 2474, 2475.

KRS 376.130 Taking of depositions and hearing of evidence by the commissioner -- Auditing of accounts and report on claims

376.130. Taking of depositions and hearing of evidence by the commissioner -- Auditing of accounts and report on claims The commissioner shall issue subpoenas for witnesses to appear before him at his sittings, and upon their failure to attend he shall issue attachments as in other cases. The commissioner shall have the same power and authority as an examiner in taking depositions, and shall be governed by the same rules and regulations in respect to the evidence which may be produced before him. He may adjourn from day to day and from time to time, until his duties in the action have been completed and he is ready to report. He shall audit the statements, and make up his report showing the amount due to each claimant, the nature and character of the respective liens, and the evidence upon which each claim was allowed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2473.

KRS 376.135 Lien on farm crop for service by custom operator

376.135. Lien on farm crop for service by custom operator (1) Any custom operator who performs a service on a farm, including but not limited to filling of silos, hay baling and crop spraying, by contract with, or by the written consent of the owner or manager of the farm, shall have a lien upon the farm crop involved to secure the cost of the service furnished. (2) The recording provisions of KRS 376.010 and 376.080 to 376.130 shall apply to the lien provided in subsection (1) of this section. History: Created 1972 Ky. Acts ch. 210, sec. 1.

KRS 376.140 Lien on gas, oil or other mineral leasehold -- Provisions governing such a lien

376.140. Lien on gas, oil or other mineral leasehold -- Provisions governing such a lien (1) 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. (2) 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. (3) 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.

KRS 376.150 Lien of employees on property of a mine, railroad, public improvement company, manufacturing establishment or other business -- Of persons furnishing supplies for operation of a railroad

376.150. Lien of employees on property of a mine, railroad, public improvement company, manufacturing establishment or other business -- Of persons furnishing supplies for operation of a railroad (1) When the property or effects of any mine, railroad or canal, or other public improvement company, or of any rolling mill, foundry or other manufacturing establishment, or of any other business, whether incorporated or not, are assigned for the benefit of, or are to be distributed among creditors, whether by operation of law or by its own act, the employees of the owner or operator of the business shall have a lien upon the property and effects which have been involved in the business and upon the accessories connected therewith, including any interest in real property used in carrying on the business. (2) Any person who has furnished materials or supplies for carrying on or operating any railroad shall likewise have a lien upon the property of the company involved in the business and upon the accessories connected therewith, including the interest of the company in the real property used in carrying on the business. Effective: June 19, 1952 History: Amended 1952 Ky. Acts ch. 52, sec. 1, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2487.

KRS 376.160 Priority of liens -- Persons not deemed employees

376.160. Priority of liens -- Persons not deemed employees Any lien provided for in KRS 376.150 and 376.180 shall be superior to the lien of any mortgage or other encumbrance thereafter created, and shall be for the whole amount due the employees as such, or due for such materials or supplies. Liens of employees for wages coming due to them within six months before the property or effects shall come to be distributed among the creditors shall be superior to the lien of any mortgage or other encumbrance theretofore or thereafter created. No president or other chief officer, nor any director or stockholder of any such company, shall be deemed an employee within the meaning of KRS 376.150. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2488.

KRS 376.170 Distribution of income when operation of property is continued

376.170. Distribution of income when operation of property is continued If the trustee or other person having the administration or distribution of the property or effects continues to operate the business, he shall, at the end of each calendar month, after payment of current expenses and any debt due the United States or this state, distribute the remaining money in his hands pro rata among the persons to whom a lien is given by KRS 376.150 and 376.180, except twenty percent (20%) thereof which he may, if necessary, reserve for contingent expenses. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2489.

KRS 376.180 Lien attaches when business is transferred, suspended or attached -- Enforcement

376.180. Lien attaches when business is transferred, suspended or attached -- Enforcement When any company or establishment referred to in KRS 376.150 suspends, sells or transfers its business, or when the property or effects engaged in the business are taken in attachment or execution so that the business is stopped or suspended, a lien shall attach as provided in KRS 376.150 and may be enforced by proceedings in equity. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2490.

KRS 376.190 Joinder of parties -- Limitation on action or filing of claim for lien

376.190. Joinder of parties -- Limitation on action or filing of claim for lien The plaintiff in an action to enforce a lien given by KRS 376.150 or 376.180 may unite with him as co-plaintiffs any similar lien-holders who consent thereto, and shall make all lien-holders and encumbrancers parties. Where the parties are numerous, any one (1) or more may be designated by the court to prosecute or defend for the same class. Action to enforce the lien shall be filed within sixty (60) days from the date of the assignment, or from the date when the property goes into the hands of a receiver or trustee, or from the date when the business is stopped, suspended or sold; or the claims for which a lien is asserted shall be filed in said time with the person authorized to receive and report claims. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2491.

KRS 376.195 Definitions for KRS 376.195 and 376.210

376.195. Definitions for KRS 376.195 and 376.210 As used in this section and in subsection (1) of KRS 376.210: (1) "Labor" includes all work done by teams, trucks, machinery, and mechanical equipment, whether the owner furnishes a driver or operator or not, but it shall not include labor performed by any officer, superintendent or stockholder of any corporation even though he may perform manual labor on the public work; (2) "Materials" includes all materials of every kind or character used in the public improvement which shall remain as a part of the completed improvement, and all the materials substantially consumed or the value thereof substantially destroyed in making the public improvement, including explosives, gasoline, oil, grease, form lumber and other similar articles; and, (3) "Supplies" includes small tools and equipment reasonably necessary in performing the work required to be done, including picks, shovels, sledge hammers, axes, pulleys, wire cables, ropes, and other similar items costing not more than fifty dollars ($50) per item, and tires and tubes furnished for use on vehicles engaged in the performance of the work; (4) "Supplies" also includes the cost of labor, materials, and repair parts supplied or furnished for keeping all machinery and equipment used in the performance of the work in good operating condition; and, shall include the agreed or reasonable rental price of equipment and machinery used in performing the work to be done; (a) The lien for rental of equipment or machinery shall not be more than the aggregate sum of six (6) months' rental, and the aggregate amount of such rental shall not exceed sixty percent (60%) of the agreed value of the machinery or equipment; and (b) The liens for supplies as defined in this subsection are subordinate to the liens for labor, material and supplies as defined in subsections (1) to (3) of this section. History: Amended 1968 Ky. Acts ch. 152, sec. 155. -- Amended 1966 Ky. Acts ch. 255, sec. 261. -- Amended 1964 Ky. Acts ch. 126, sec. 1. -- Created 1954 Ky. Acts ch. 103, sec. 2.

KRS 376.200 Repealed, 1954

376.200. Repealed, 1954 Catchline at repeal: Definitions for KRS 376.210 to 376.260. History: Repealed 1954 Ky. Acts ch. 103, sec. 4, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2495-2.

KRS 376.205 Repealed, 1966

376.205. Repealed, 1966 Catchline at repeal: Lien for labor, materials or supplies furnished on public improvement; assertion, filing and enforcement. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Created 1954 Ky. Acts ch. 103, secs. 1 and 3.

KRS 376.210 Lien for labor, material, or supplies furnished on public improvement -- Assertion, filing, and enforcement

376.210. Lien for labor, material, or supplies furnished on public improvement -- Assertion, filing, and enforcement (1) Any person, firm, or corporation who performs labor or furnishes materials or supplies for the construction, maintenance, or improvement of any canal, railroad, bridge, public highway, or other public improvement in this state by contract, express or implied, with the owner thereof or by subcontract thereunder shall have a lien thereon, and upon all the property and the franchises of the owner, except property owned by the state, a subdivision or agency thereof, or by any city, county, urban-county, or charter county government. If the property improved is owned by the state or by any subdivision or agency thereof, or by any city, county, urban- county, or charter county government, the person furnishing the labor, materials, or supplies shall have a lien on the funds due the contractor from the owner of the property improved. Except as provided in KRS 376.195, the lien shall be for the full contract price of the labor, materials, and supplies furnished, and shall be superior to all other liens thereafter created. (2) Any person undertaking or expecting to furnish labor, materials, or supplies as provided in this section may acquire the lien herein provided by filing in the clerk's office of each county in which he has undertaken to furnish labor, materials, or supplies, except as provided in subsection (3), a statement in writing that he has undertaken and expects to furnish labor, materials, or supplies and the price at which they are to be furnished, and the lien for labor, material, or supplies furnished thereafter shall relate back and take effect from the date of the filing of the statement. In all cases of original construction the liens shall be prior to all liens theretofore or thereafter created on the part so constructed and on no other part. (3) In all cases where the labor, materials, or supplies are furnished for the improvement of any public highway or other public property owned by the state or by any city, county, urban-county, or charter county government, the statement shall be filed in the county clerk's office of the county in which is located the seat of government of the owner of the property improved, and the lien shall attach only to any unpaid balance due the contractor for the improvement from the time a copy of the statement, attested by the county clerk, is delivered to the owner or the owner's authorized agent with whom the contract for improving the public highway or other public property was made. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 397, sec. 3, effective July 15, 1998. -- Amended 1966 Ky. Acts ch. 255, sec. 262. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2492.

KRS 376.212 Bond to discharge lien created by KRS 376.210 -- Requirements -- Liability of obligors on bond

376.212. Bond to discharge lien created by KRS 376.210 -- Requirements -- Liability of obligors on bond (1) Any contractor or other person contracting with the public authority for the furnishing of any improvements or services for which a lien is created by KRS 376.210 or any person in privity with the contractor or other person may, at any time before a judgment is rendered enforcing the lien, execute before the county clerk in the county in which the lien was filed a bond for double the amount of the lien claimed. (2) The bond executed under subsection (1) of this section shall be subject to the following conditions: (a) The bond shall be approved by the clerk only if the bond is secured by: 1. Cash; 2. A letter of credit from a bank; or 3. Surety insurance as defined by KRS 304.5-060 that is issued by a licensed insurer; and (b) The bond shall require that the obligor satisfy any judgment that may be rendered in favor of the person asserting the lien. (3) The bond shall be preserved by the clerk, and upon its execution, the lien provided by KRS 376.210 shall be discharged. (4) The person asserting the lien may make the obligors on the bond parties to any action to enforce his claim, and any judgment received may be against any of the obligors on the bond. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 96, sec. 2, effective June 8, 2011. -- Created 2000 Ky. Acts ch. 250, sec. 2, effective July 14, 2000.

KRS 376.220 Limit of amount of lien -- Pro rata distribution -- Liability for filing claim in excess of amount due

376.220. Limit of amount of lien -- Pro rata distribution -- Liability for filing claim in excess of amount due (1) The liens provided for in KRS 376.210 shall not be for a greater amount in the aggregate than the contract price of the original contractor, and should the aggregate amount of liens exceed the price agreed upon between the original contractor and the owner there shall be a pro rata distribution of the original contract price among the lien-holders. (2) On claims for labor, materials or supplies furnished for the improvement of any bridge, public highway or other public property owned by the state or by any county or city, the provisions of this section for a pro rata distribution of the original contract price among lien-holders shall not apply to liens on the unpaid balance due the contractors, except as provided in KRS 376.240. (3) If any person files a statement asserting a lien against any contractor on any fund due the contractor, for an amount in excess of the amount actually due, the person filing the lien shall be liable to any person damaged thereby to the extent of such damage, including reasonable court costs and attorney's fees incurred by the injured parties. Any such claim for damages may be asserted and prosecuted in the county in which the lien statement was filed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2493, 2495-4.

KRS 376.230 Lien dissolved unless statement timely filed with county clerk -- Form and content of statement -- Duties and fees of clerk

376.230. Lien dissolved unless statement timely filed with county clerk -- Form and content of statement -- Duties and fees of clerk (1) The lien provided for in KRS 376.210 shall be dissolved unless the person who furnishes the labor, materials, or supplies shall, whichever is later, within sixty (60) days after the last day of the month in which any labor, materials, or supplies were furnished, or by the date of substantial completion, file in the county clerk's office of each county in which labor, materials, or supplies were furnished, except as hereinafter provided, a statement in writing verified by affidavit of the claimant or his or her authorized agent or attorney, setting forth the amount due for which the lien is claimed, the date on which labor, materials, or supplies were last furnished and the name of the canal, railroad, bridge, public highway, or other public improvement upon which it is claimed. (2) In all cases where a lien is claimed for labor, materials, or supplies furnished for the improvement of any bridge, public highway, or other public property owned by the state or by any county, charter county, urban-county, consolidated local government, or city, the statement of lien shall be filed only in the county clerk's office of the county in which the seat of government of the owner of the property is located. (3) The county clerk, upon the filing of the statement, shall make an abstract and entry thereof as now provided by law in case of mechanics' liens in the same book used for that purpose, and shall make proper index thereof. The clerk shall be paid by the party filing the claim, and for attesting any copy of the lien statement. If he or she is required to make the copy, he or she may make an additional charge as provided by law. The clerk's fees shall be determined pursuant to KRS 64.012. All of these charges may be recovered by the lien claimant as costs from the party and out of the fund against which the claim is filed. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 136, sec. 7, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 104, sec. 1, effective June 20, 2005. -- Amended 1978 Ky. Acts ch. 84, sec. 14, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 296, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2494.

KRS 376.240 Perfecting a lien on funds due contractor from public authority

376.240. Perfecting a lien on funds due contractor from public authority Upon the filing of the statement of lien provided for in subsection (2) of KRS 376.230 in the county clerk's office and the delivery of an attested copy thereof to the public authority making the contract for the improvement of any bridge, public highway or other public property owned by the state or any county or city, and the filing with the public authority of a signed copy of a letter addressed to the contractor or subcontractor at his address given in the contract, with a post office receipt showing that an attested copy of the lien statement has been sent by the lien claimant to the contractor or subcontractor by certified mail, return receipt requested or by registered mail, the claimant shall have a lien superior to any lien subsequently perfected on any unpaid balance due the contractor under the contract of improvement. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 315, sec. 80, effective June 21, 1974. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2494.

KRS 376.250 Withholding by public authority of funds due contractor and their payment to lien claimant -- Protest by contractor -- Suit by lien claimant

376.250. Withholding by public authority of funds due contractor and their payment to lien claimant -- Protest by contractor -- Suit by lien claimant (1) When an attested copy of the lien statement and proof of the delivery of an attested copy as provided in KRS 376.240 is delivered to any public authority which has contracted for the construction or improvement of any bridge, public highway, or other public property owned by the state, a subdivision or agency thereof, or by any city, county, urban-county, or charter county government, the public authority shall endorse on the attested copy the date of its receipt, file the copy and deduct and withhold the amount thereof, plus pursuant to KRS 64.012 to cover the fee of the county clerk for filing the statement and attesting a copy, from any amount then due the contractor, and if a sufficient amount is not then due the contractor from the next payments which become due. (2) Unless the contractor, within thirty (30) days from the date of the delivery of the attested copy, files with the public authority a written protest putting in issue the correctness of the amount due the lien claimant or the liability of the fund for payment thereof, the amount withheld shall be paid by the public authority to the lien claimant and charged to the account of the contractor, which payment shall operate as a pro tanto release of the public authority from any claim of the contractor under the contract for the amount so paid. The filing in the county clerk's office of the statement of lien provided for in KRS 376.230(2) shall be constructive notice to the contractor of the filing of the claim. (3) If the contractor files a written protest as provided in subsection (2) of this section, the public authority with whom the protest is filed shall endorse thereon the date of its receipt. The public authority shall promptly send written notice of the protest to the lien claimant by certified mail, return receipt requested and shall not pay over to the lien claimant any of the money withheld from the contractor until authorized to do so by the contractor or until directed to do so by an order or judgment of court. (4) If suit is not instituted by the lien claimant for the enforcement of the lien and summons in the suit is not served on the public authority or its chairman within thirty (30) days after the written notice of the protest is mailed to the claimant, then the lien shall automatically be released and the funds withheld pursuant to the filing of the lien statement shall be released and promptly paid to the contractor. If suit is filed and summons served within the time provided, the payment of the funds shall be withheld until ordered to be released or paid over by an order or judgment of the court, and then paid as directed by the order or judgment. (5) All suits for the enforcement of these liens on public funds shall be instituted in the Circuit Court of the county in which is located the property on which the improvement is made, except where the property is owned by a public university. Where the property is owned by a public university, the suit shall be instituted in the Circuit Court of the county in which is located the main campus of the public university. This court shall have exclusive jurisdiction for the enforcement of liens asserted against the public funds due the contractors, subject to the same rights of appeal as in other civil cases. Effective: January 1, 2007 History: Amended 2006 Ky. Acts ch. 255, sec. 29, effective January 1, 2007. -- Amended 2000 Ky. Acts ch. 250, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 397, sec. 1, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2494, 2494-1.

KRS 376.260 Action to enforce lien -- Notice -- Limitation -- Proof of use of materials

376.260. Action to enforce lien -- Notice -- Limitation -- Proof of use of materials (1) Any lien acquired under KRS 376.210 shall be enforced by proper proceedings in equity, to which other lien-holders shall be made parties. If a court action is filed to enforce a lien acquired under KRS 376.210 and the owner of the property is the state, a subdivision or agency thereof, or any city, county, urban-county, or charter county government, that owner shall be given notice of the court action to enforce the lien, but that owner shall not be required to respond to or participate in the court action. The proceedings shall be begun within six (6) months from the filing of the claim in the county clerk's office, except as provided in subsection (4) of KRS 376.250. (2) If, in any suit brought for the enforcement of a lien, it is shown by evidence that the items embraced in the account were sold and delivered for use on a particular project or public work, that evidence shall make out a prima facie case that those items were used in the performance of the contract. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 397, sec. 2, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2495, 2495-3.

KRS 376.265 Lien on real property for service to retail business by municipal utility -- Priority -- Statement of lien -- Action to enforce -- Release of lien by execution of bond

376.265. Lien on real property for service to retail business by municipal utility -- Priority -- Statement of lien -- Action to enforce -- Release of lien by execution of bond (1) As used in this section, unless the context requires otherwise: (a) "Charges" means all rates, charges, and other amounts payable for services rendered by a municipal utility, including and without limitation penalties, interest, reasonable attorney's fees, and other costs of enforcing the lien; (b) "Municipal utility" means any public agency that owns or operates a system or facilities for the provision of gas, electric, sewer, water, or telecommunications service to retail customers; (c) "Public agency" has the same meaning as specified in KRS 65.230; (d) "Retail business ratepayer" means any nonresidential ratepayer of a municipal utility that is in arrears on the utility bill in an amount in excess of ten thousand dollars ($10,000); and (e) "Service" means gas, electric, sewer, or water service provided by the municipal utility. (2) Any municipal utility shall have a lien on the real property of a retail business ratepayer served by the municipal utility. The lien shall be for the collection of rates and charges for retail utility service provided to the retail business ratepayer. In no instance shall this lien attach to the real property of an owner who has leased the property to a retail business ratepayer unless the property owner is responsible for paying the utility charges under the lease agreement. (3) The lien shall arise and attach as services are provided to the retail business ratepayer and shall remain in place until the rates and charges for the services are paid in full. The lien is deemed a statutory lien within the meaning of 11 U.S.C. sec. 101(53). (4) The rights to a lien under this section: (a) Are in addition to any other rights or remedies a municipal utility may have under the law or pursuant to a contract; and (b) Are not intended to impair or alter any of the municipal utility's other rights or remedies, including the ability to require an additional deposit or to shut off and discontinue service. (5) The lien may take priority over a mortgage, a contract lien, or a bona fide conveyance for value if: (a) The municipal utility files notice which is duly recorded or lodged for record according to law; (b) The utility claiming the prior lien files a statement of lien in the office of the county clerk of the county where the service has been furnished before the recording of the mortgage, the contract lien, or the conveyance; and (c) The statement of lien is in the form prescribed in subsections (6) and (7) of this section. (6) The statement of lien shall be subscribed and sworn to by an authorized representative of the municipal utility and shall identify the following: (a) The municipal utility claiming the lien, including an address and a contact person; (b) The property, by legal description, against which the lien is claimed; (c) The nature of the service provided; (d) The contract, if any, pursuant to which the services were provided; and (e) The amounts, if any, due for services provided. (7) (a) The statement of lien shall be recorded in the office of the county clerk of the county where the service is furnished or the property or some portion of the property serviced by the municipal utility is situated. The utility shall send a copy of the statement of lien by regular mail, postage prepaid, to the owner of the property at the owner's last known address or to the address associated with the tax bill for the property. The copy of the statement of lien shall be sent within ten (10) business days of its filing in the office of the county clerk. (b) At any time, a municipal utility may supplement the statement of lien by recording the supplement in the same manner as the original statement of lien. Any supplement to the statement of lien shall relate back to the date of the original recording of the statement of lien. (8) The county clerk shall endorse each statement of lien on the date of its filing and the clerk shall make an abstract of the statement, endorse the abstract, and place it in a book to be kept by the clerk for that purpose. The book shall contain the following: (a) The endorsed and indexed abstracts; (b) The date of filing the statement; (c) The name of the municipal utility; (d) The name of the person against whose property the lien is filed; and (e) A description of the property charged with the lien. (9) The clerk shall receive a fee pursuant to KRS 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs. (10) An action to enforce the lien under this section shall be by equitable proceedings and conducted as other proceedings in equity in similar cases. The petition shall allege the facts necessary to secure a lien, describe the property charged, and the plaintiff's interest in enforcing the lien. Lienholders may unite in the action to enforce the lien as plaintiffs, and those who are not plaintiffs shall be made defendants. The debtor or the debtor's personal representative, heirs, devisees, and all other persons having liens on or interests in the property sought to be subjected shall be made defendants. (11) The clerk of the court in which the petition is filed shall issue the proper process against the defendants. After the expiration of ten (10) days from the filing of the petition, the clerk of the court in which the petition was filed shall: (a) Draw up an order referring the action to the master commissioner of the court and file it with the petition; (b) Deliver the pleadings and papers of the action to the commissioner; and (c) Make a memorandum of the action in the minute book. (12) If, for any cause, it should be improper to refer the case to the master commissioner, the master commissioner is directed to select some suitable person to act as a new commissioner for the case and refer the case to him or her. However, before proceeding to act on the case, the new commissioner shall take an oath before the clerk and execute bond with sufficient surety. The bond shall be preserved by the clerk and reported to the court. (13) The owner or claimant of property against which a lien has been asserted may file a bond for double the amount of the lien claimed with the county clerk in the county where the lien was filed. Bond may be asserted at any time before a judgment is rendered enforcing the lien, and the bond shall have good sureties approved by the clerk and be conditioned upon the obligors satisfying any judgment that may be rendered in favor of the person asserting the lien. The bond shall be preserved by the clerk, and upon its execution, the lien upon the property shall be discharged. The person asserting the lien may make the obligors in the bond parties to any action to enforce its claim. Any judgment recovered may be against all or any of the obligors on the bond. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 169, sec. 1, effective July 15, 2010.

KRS 376.268 Definitions for KRS 376.270 and 376.275

376.268. Definitions for KRS 376.270 and 376.275 As used in KRS 376.270 and 376.275: (1) "Contents" means personal items located in a motor vehicle, but does not include manufacturer-installed or after-market accessories permanently affixed to the motor vehicle; (2) "Motor vehicle" includes vessels used or designed for navigation of or operation on waterways, rivers, lakes, and streams, as well as those used or designed for operation on the public highways; and (3) "Reasonable charges" means those charges which are usual and customary, not discriminatory, and which are typical charges for services provided by similar towing or storage companies with similar equipment and facilities operating in the region or comparable-size city or county from which the vehicle was towed or stored. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 8, sec. 1, effective June 24, 2015. -- 1984 Ky. Acts ch. 241, sec. 1, effective July 13, 1984.

KRS 376.270 Lien on motor vehicle for repairs, storage or accessories -- Filing of statement with county clerk

376.270. Lien on motor vehicle for repairs, storage or accessories -- Filing of statement with county clerk Any person engaged in the business of selling, repairing or furnishing accessories or supplies for motor vehicles shall have a lien on the motor vehicle for the reasonable or agreed charges for repairs, work done or accessories or supplies furnished for the vehicle, and for storing or keeping the vehicle, and may detain any motor vehicle in his possession on which work has been done by him until the reasonable or agreed charge therefor has been paid. The lien shall not be lost by the removal of the motor vehicle from the garage or premises of the person performing labor, repairing or furnishing accessories or supplies therefor, if the lien shall be asserted within six (6) months by filing in the office of the county clerk a statement showing the amount and cost of materials furnished or labor performed on the vehicle. The statement shall be filed in the same manner as provided in the case of a mechanic's and materialman's lien, after the removal of the vehicle, unless the owner of the vehicle consents to an additional extension of time, in which event the lien shall extend for the length of time the parties agree upon. The agreement shall be reduced to writing and signed by the parties thereto. Effective: October, 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739h-1.

KRS 376.272 Marina may enforce lien on boat asserted pursuant to KRS 376.270 by civil action

376.272. Marina may enforce lien on boat asserted pursuant to KRS 376.270 by civil action (1) Any marina asserting a possessory lien pursuant to KRS 376.270 may enforce the lien by filing a civil action in the county in which the boat is located. (2) Prior to filing an action pursuant to subsection (1) of this section, the marina shall send, by certified mail, return receipt requested, notice of intent to enforce the lien to: (a) All known owners at their last known address; and (b) All secured parties discernible through reasonable effort. For the purposes of this paragraph, "reasonable effort" includes notice to any secured party that has: 1. Properly perfected its security interest in the boat by having its lien indicated on a certificate of title for the boat; 2. Properly perfected its security interest through an unexpired sufficient financing statement filed in the jurisdiction of the boat owner's residence, as that jurisdiction appears on the certificate of title, or equivalent document, for the boat; or 3. Become a mortgagee of a federally documented vessel by recording a ship mortgage on the vessel pursuant to Chapter 313 of Title 46 of the United States Code. In addition to the notice required in this subsection, the marina shall advertise the notice of intent to enforce the lien at least once per week for two (2) consecutive weeks pursuant to KRS Chapter 424. (3) Upon the marina properly sending notice of its intent to enforce its lien in accordance with subsection (2) of this section, a boat's owner may not remove the boat from the marina without a court order. (4) The notice of intent to enforce the lien required by subsection (2) of this section shall include: (a) The name of the owner of the boat as indicated on the certificate of title, certificate of registration, or certificate of documentation; (b) The owner's last known address; (c) The make, model, length, and hull identification number of the boat if visually discernable; and (d) A description of any attached outboard motor, including make, horsepower, and serial number if visually discernable. (5) Any secured party to whom notice was sent pursuant to subsection (2) of this section shall be named as a party in any civil action filed to enforce a marina's lien under KRS 376.270 and called upon to enter therein and set forth its claim or interest in the boat that is subject to the action, and the secured party shall be served with summons at its address as indicated on the certificate of title, financing statement, or ship mortgage through which its security interest was perfected. (6) Upon judgment being entered in favor of a marina pursuant to this section, and subject to any restrictions of the United States Code, or any regulations issued pursuant thereto, regarding federally documented vessels, the court shall order the boat, or any part of the furniture and tackle as may be sufficient, to be sold for the satisfaction of the judgment. The marina shall conduct the sale in conformity with reasonable commercial practices among dealers in the type of boat being sold and in accordance with the court order. The sale shall be advertised in conformity with reasonable commercial practices among dealers for the type of boat being sold and, additionally, shall be advertised at least ten (10) days prior to the sale pursuant to KRS Chapter 424. (7) The court shall authorize and direct the county clerk to issue a title to the purchaser of the boat at a sale authorized by and conducted in conformance with this section, and the purchaser shall take title to the boat free of any liens or encumbrances. Any liens or encumbrances attached to the boat shall attach to the proceeds of the sale in the same order of priority that the liens and encumbrances attach to the boat pursuant to applicable law. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 120, sec. 2, effective July 15, 2016. Legislative Research Commission Note (7/15/2016). In 2016 Ky. Acts ch. 120, sec. 2, a portion of subsection (2) of this statute was divided into paragraphs (a), (b), and (c). In codification, the paragraph designation "(c)" has been removed, because the sentence following that designation is not properly part of the list enumerated by paragraphs (a) and (b). The wording of the statute has not been changed. The Reviser of Statutes has made this correction under the authority of KRS 7.136(1).

KRS 376.275 Lien on motor vehicles and contents for reasonable and applicable charges under KRS 281.920 to 281.936 -- Forfeiture and sale of contents -- Exempted contents -- Limitation of storage or towing company's liability

376.275. Lien on motor vehicles and contents for reasonable and applicable charges under KRS 281.920 to 281.936 -- Forfeiture and sale of contents -- Exempted contents -- Limitation of storage or towing company's liability (1) (a) Any person engaged in the business of storing or towing motor vehicles, who has complied with the notification requirements of KRS 281.928, shall have a lien on the motor vehicle and its contents, except as set forth in subsection (2) of this section, for the applicable and reasonable charges assessed in accordance with KRS 281.926 and 281.932, as long as it remains in his or her possession. (b) If, after a period of forty-five (45) days, the applicable and reasonable charges assessed in accordance with KRS 281.926 and 281.932 have not been paid, the motor vehicle and its contents, except as set forth in subsection (2) of this section, may be sold to pay the charges after the owner and any lienholder have been notified by certified mail at the addresses specified in KRS 281.928(1), ten (10) days prior to the time and place of the sale. If the proceeds of the sale of any vehicle pursuant to this section are insufficient to satisfy accrued charges, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid charges by the owner or responsible casualty insurer of the vehicle. A lien on a vehicle under this subsection shall be subject to prior recorded liens, unless released by any existing lienholder pursuant to paragraph (c) of this subsection. (c) 1. A lienholder having a prior recorded lien listed on the title issued by the Commonwealth of Kentucky shall be notified by certified mail within the first ten (10) days of impoundment in accordance with KRS 281.928. 2. The notification, in addition to the requirements of KRS 281.928, shall include the make, model, license number, vehicle identification number, owner's name and last known address, and tentative date of sale for the vehicle, and state that the towing company o r storage facility seeks to obtain a new title free and clear of any liens, excluding tax liens. 3. If the certified letter required under this paragraph is not sent within the ten (10) days by the towing and storage company, then only ten (10) days of storage may be charged. 4. The lienholder has the right to take possession of the motor vehicle after showing proof of lien still enforced, and paying the reasonable or agreed towing and storage charges on the motor vehicle. 5. If a lienholder does not exercise the right to take possession of the motor vehicle under this paragraph within forty -five (45) days of notification, the towing company or storage facility may obtain a new title under KRS 186A.145 free and clear of any liens, excluding tax liens. 6. Nothing in this section shall allow the transfer of a vehicle subject to a lien, except as provided in KRS 186A.190 or in subparagraph 5. of this paragraph. (d) If there are no lienholders required to be notified under KRS 281.920 to 281.936 and 359.230 and this section, and the owner does not exercise the right to take possession of the motor vehicle under this section within forty- five (45) days of notification required under KRS 281.928, the towing company or storage facility may obtain a new title under KRS 186A.145 free and clear of any liens, excluding tax liens. (2) Subsection (1) of this section shall not apply to the following contents of a motor vehicle, which shall be released to the vehicle owner or the owner's designated agent upon request, if the request is made within forty-five (45) days of the date the vehicle was towed: (a) Prescription medication in its proper container; (b) Personal medical supplies and equipment or records; (c) Educational materials, including but not limited to calculators, books, papers, and school supplies; (d) Documents, files, electronic devices, or equipment which may be able to store personal information or information relating to a person's employment or business; (e) Firearms and ammunition. Notwithstanding the provisions of subsection (3) of this section, firearms and ammunition which are not claimed by the owner of the vehicle within forty-five (45) days of the date the vehicle was towed shall be transferred to the Department of Kentucky State Police for disposition as provided by KRS 16.220; (f) Cargo in the possession of persons engaged in transportation in interstate commerce as registered under KRS 186.020; (g) Cargo in the possession of an integrated intermodal small package carrier as defined by KRS 281.605(12); (h) Child restraint systems or child booster seats; and (i) Checks, checkbooks, debit or credit cards, money orders, stocks, or bonds. (3) Except as provided in subsection (2)(e) of this section, any contents exempted under subsection (2)(c), (d), (f), and (g) of this section that are not claimed by the owner of the vehicle within forty -five (45) days of the date the vehicle was towed may be sold or otherwise legally disposed of by the storage or towing company. Any contents exempted under subsection (2)(a), (b), (h), and (i) of this section that are not claimed by the owner of the vehicle within forty -five (45) days of the date the vehicle was towed shall not be sold, but shall be otherwise legally disposed of by the storage or towing company. (4) The storage or towing company shall not be responsible for contents in a vehicle's trunk or other locked compartment to which the storage or towing company is without access, unless the towing company intentionally opens the area without the owner's consent. (5) This section shall not apply when a local government causes a vehicle to be towed pursuant to KRS 82.605 to 82.640 or if state government causes a vehicle to be towed. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 79, sec. 4, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 74, sec. 12, effective June 29, 2021. -- Amended 2015 Ky. Acts ch. 8, sec. 2, effective June 24, 2015. -- Amended 1990 Ky. Acts ch. 9, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 238, sec. 1, effec tive July 15, 1986. -- Created 1962 Ky. Acts ch. 20, sec. 1.

KRS 376.280 Sale of boat or motor vehicle for charges -- Advertisement of sale -- Definition of "boat."

376.280. Sale of boat or motor vehicle for charges -- Advertisement of sale -- Definition of "boat." (1) Any boat or motor vehicle remaining in the possession of a person who has made repairs, performed labor or furnished accessories or supplies therefor and to whom the charges for such repairs, labor, accessories or supplies has been owing for a period of more than thirty (30) days, may be sold to pay such deferred purchase money or charges. The proposed sale shall be advertised pursuant to KRS Chapter 424, and notice thereof shall be sent by certified mail, return receipt requested or by registered mail to the owner of the boat or motor vehicle and to any other person known to have any interest therein, addressed to such persons at their last known addresses, at least ten (10) days before the sale is held. (2) The term "boat," as used in subsection (1) of this section, means any watercraft not enumerated in subsection (1) of KRS 376.360 and sloops having an overall length of forty (40) feet or less. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 315, sec. 81, effective June 21, 1974. -- Amended 1966 Ky. Acts ch. 239, sec. 214. -- Amended 1952 Ky. Acts ch. 40, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739h-2.

KRS 376.281 Lien on aircraft for storage, repairs or accessories

376.281. Lien on aircraft for storage, repairs or accessories As used in KRS 376.270 and 376.280, "motor vehicle" shall include vehicles used or designed for navigation of or flight in the air, as well as those used or designed for operation on the public highways. History: Created 1950 Ky. Acts ch. 209, sec. 1.

KRS 376.290 Lien on watches and jewelry for repairs -- Sale for charges

376.290. Lien on watches and jewelry for repairs -- Sale for charges (1) Any person performing work upon any watch, clock or jewelry for a price shall have a lien upon that article for the amount due for the work. The lien shall include the value or agreed price of all materials furnished in connection with the work, whether added to the article or not. The lien may be enforced by legal action or as hereafter provided. (2) If the account remains unpaid six (6) months after completing the work, the person holding the lien may, upon thirty (30) days' notice in writing to the owner specifying the amount due and informing the owner that the payment of the amount due within thirty (30) days will entitle him to redeem the property, sell the article at public or bona fide private sale to satisfy the account. The notice may be served by mail directed to the owner's last known address, or, if the owner or his address is unknown, it may be published pursuant to KRS Chapter 424. (3) The proceeds of the sale, after paying the expenses thereof, shall be applied in liquidation of the indebtedness secured by the lien, and the balance, if any, shall be held for a period of twelve (12) months for the owner, and if it is not called for in that time it shall be paid into the district school fund. Effective: June 16, 1966 History: Amended 1966 Ky. Acts ch. 239, sec. 215, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2504a-1.

KRS 376.300 Lien of dry cleaner, launderer, or tailor on article for work done -- Sale for charges -- Notification and criteria for sale

376.300. Lien of dry cleaner, launderer, or tailor on article for work done -- Sale for charges -- Notification and criteria for sale (1) Any person who cleans, presses, glazes, launders, alters, or repairs any wearing apparel or household goods shall have a lien on the article remaining in his possession to secure the reasonable or agreed charge for the service. If the charge is not paid within ninety (90) days, the article may be sold to pay the charges and costs of notice, after notice has been given the customer of the time and place of sale. (2) The notice of time and place of sale, when given, shall be by registered letter mailed to the last known address of the customer. The person sending the letter may do so anytime after an article has been held for at least sixty (60) days, and the notice by registered letter shall specify that the article may be sold unless it is redeemed within thirty (30) days from the date of the letter. (3) Any article which is left with any person who cleans, presses, glazes, launders, alters, or repairs any wearing apparel or other household goods and which is not redeemed by the customer within one hundred eighty (180) days shall be considered abandoned. It may, without any liability or responsibility for the article on the part of the person holding it and without notification to the customer, be sold or otherwise disposed of. (4) The foregoing provisions shall not apply to property that is to be placed in storage with the person rendering any service mentioned above, but such property shall be subject to the provisions of KRS 376.310. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 67, sec. 1, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2504b- 2.

KRS 376.310 Lien for storage and services on article prior to storage -- Sale for charges

376.310. Lien for storage and services on article prior to storage -- Sale for charges (1) Any person who keeps any wearing apparel or household goods in storage, or who has performed any of the services mentioned in KRS 376.300 on such an article and then keeps it in storage, shall have a lien on the article as long as it remains in his possession. If the reasonable or agreed charges have not been paid for a period of twelve (12) months the article may be sold to pay the charges, after the owner has been notified of the time and place of sale. (2) The provisions of this section shall not apply to any person operating as a warehouseman under KRS Chapter 359. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2504b-3.

KRS 376.320 Notice of sale of article for charges -- Distribution of proceeds

376.320. Notice of sale of article for charges -- Distribution of proceeds (1) The mailing of a registered letter with the return address marked thereon, addressed to the owner at the address given at the time of delivery of the article to the person rendering any service set out in KRS 376.300 or 376.310, stating the time and place of sale, shall constitute notice of the sale. The notice shall be mailed at least fifteen (15) days before the date of sale. The cost of mailing the letter shall be added to the charges. (2) The person to whom the charges are payable shall, from the proceeds of sale, deduct the charges due plus the cost of notifying the owner, and hold the balance, if any, subject to the order of the owner. He shall immediately thereafter mail to the owner at his address, if known, notification of the sale and notice of the balance due him, and at any time within twelve (12) months, upon demand pay to the owner the balance. If the balance is unclaimed after twelve (12) months it shall be paid into the State Treasury, and held for a period of two (2) years subject to the order of the owner or his personal representative upon satisfactory proof of rightful ownership. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2504b-4, 2504b-5.

KRS 376.330 Posting of notices necessary to claim liens

376.330. Posting of notices necessary to claim liens No person shall obtain a lien under KRS 376.300 or 376.310 unless at all times he keeps posted in prominent places in his receiving office two (2) notices which shall read as follows: "All articles cleaned, pressed, glazed, laundered, washed, altered or repaired and not called for in 90 days will be sold to pay charges. All articles stored 12 months on which charges have not been paid will be sold to pay charges." Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2504b-6.

KRS 376.340 Lien of keeper of hotel, inn, boarding house or house of private entertainment on personal property of guest for charges

376.340. Lien of keeper of hotel, inn, boarding house or house of private entertainment on personal property of guest for charges Any keeper of a hotel, inn, boarding house or house of private entertainment shall have a lien on all baggage and other personal property owned and brought in by the person receiving board, nursing, care or attention from the landlord, for the contract price of the service received, or, if no contract price is set, for a reasonable price. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2179a-1.

KRS 376.350 Enforcement of lien on property of guest

376.350. Enforcement of lien on property of guest Any person in whose favor a lien created by KRS 376.340 exists may, before the District Court of the county where the debt was created, by himself, agent or attorney, make affidavit of the amount due him and in arrear for services to the person receiving them and describing, as nearly as possible, the baggage or other personal property owned and brought in by the guest. The court shall then issue a warrant directed to the sheriff or any constable or town marshal of the county, authorizing him to levy upon and seize the property described in the affidavit for the amount due, with interest and costs. If the property has been removed with the consent of the landlord, the lien shall not continue longer than ten (10) days from and after the removal. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 288, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2179a-3, 2179a-4.

KRS 376.360 Liens on steamboats and other vessels for work and supplies

376.360. Liens on steamboats and other vessels for work and supplies (1) Any officer or employee, except the captain, employed on board a steamboat, brig, schooner, sloop or model barge shall have a lien on the vessel or on the engine, tackle, furnishing and apparel for their wages, whether contracted for or earned in or out of this state, with priority therefor over any other debt due from the owner of the vessel, and over all other liens thereon. (2) Mechanics, tradesmen and other persons shall have a like lien to that given by subsection (1) of this section for work, supplies, materials, stores and provisions done or furnished on the building, repairing, fitting, furnishing or equipping the vessel in this state, with priority therefor over any other debt of the owner, except that to the officers and employees, and over all other liens thereafter created. Any mechanic, tradesman or other person who does work or furnishes material or supplies out of this state shall have a like lien therefor, which shall have precedence next after that given when done or furnished in this state; but if done or furnished out of this state, subsequent to that done or furnished in this state, the liens shall be joint and equal. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2480.

KRS 376.370 Liability for damage done by vessel

376.370. Liability for damage done by vessel A steamboat or other vessel named in KRS 376.360 and its owner shall be liable to the party injured for any damage done by her through the willful or negligent conduct of her officers or crew while acting for her as such. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2481.

KRS 376.380 Enforcement of lien and liability against vessel

376.380. Enforcement of lien and liability against vessel The lien given in KRS 376.360, and the liability provided for in KRS 376.370, may be enforced by attachment from the court having jurisdiction. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2482.

KRS 376.390 Joinder of lienholders as plaintiffs -- When lien may be enforced against purchaser without notice

376.390. Joinder of lienholders as plaintiffs -- When lien may be enforced against purchaser without notice (1) Any person having a lien under KRS 376.360 to 376.380 against a vessel may unite in an action to enforce the lien, and any person having a lien who is not so united may, by petition filed by leave of court, become a plaintiff in any action pending to enforce a lien without the issuing of additional process. (2) Any lien given by KRS 376.360 to 376.380 shall not be enforced against a purchaser without actual notice thereof unless action is instituted within one (1) year from the time the cause of action accrued, or unless notice thereof is endorsed on or attached to the enrollment of the vessel. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2485, 2486.

KRS 376.400 Lien of keeper of livery stable or agister for care of livestock -- Sale of livestock cared for -- Conditions

376.400. Lien of keeper of livery stable or agister for care of livestock -- Sale of livestock cared for -- Conditions (1) 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). (2) 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. (3) 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).

KRS 376.410 Enforcement of lien for care of livestock

376.410. Enforcement of lien for care of livestock Any person in whose favor a lien provided for in KRS 376.400 exists may, before the District Court of the county where the cattle were fed or grazed, by himself or agent, make affidavit of the amount due him and in arrears for keeping and caring for the cattle, and describing as nearly as possible the cattle so kept by him. The court shall then issue a warrant, directed to the sheriff or any constable or town marshal of the county, authorizing him to levy upon and seize the cattle for the amount due, with interest and costs. If the cattle are removed with the consent and from the custody of the livery stable keeper or the person feeding or grazing them, the lien shall not continue longer than one (1) year from and after the removal, nor shall the lien in case of such removal be valid against a bona fide purchaser without notice at any time after the removal. The warrant may be issued to a county other than that in which the cattle were fed or grazed, and the lien may also be enforced by action as in the case of other liens. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 231, sec. 2, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 289, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2501, 2502.

KRS 376.420 Lien for service fee of stallion, jack, or bull -- Enforcement of lien

376.420. Lien for service fee of stallion, jack, or bull -- Enforcement of lien (1) Any licensed keeper of a stallion, jack, or bull shall have a lien for the payment of the service fee upon the get of the stallion, jack, or bull, for one (1) year after the birth of the progeny. However, a lien created pursuant to KRS 376.400 shall take priority over a lien created pursuant to this subsection. (2) This lien may be enforced by action as in cases of other liens, or by warrant as permitted in the case of the enforcement of the lien of the keeper of a livery stable or an agister. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 28, sec. 2, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2503, 2504.

KRS 376.430 Lien on radios, phonographs and other electrical or electronic devices, for repair

376.430. Lien on radios, phonographs and other electrical or electronic devices, for repair (1) All persons, firms and corporations engaged in the business of repairing radios, phonographs, combinations thereof, automatic music instruments, refrigerators, televisions, electrical or electronic recording devices, and any and all portable electrical or electronic instruments or appliances shall have a lien upon such articles and appliances for the agreed or reasonable charge for parts, supplies, accessories and labor performed in their repair, said lien to attach upon completion of such repairs. The lien may be enforced by legal action or as hereafter provided. (2) After completion of repairs, the owner shall be notified thereof by certified mail, return receipt requested or by registered mail, and if the repaired article be not removed and all charges paid within thirty (30) days after giving the notice, the person, firm or corporation making such repairs may hold such repaired articles and sell same at public or bona fide private sale to pay all agreed or reasonable charges, including charges for storage after notice of completion of repairs, and expenses incidental to advertisement and sale, accounting to the owner for any excess of charges and expenses. (3) Before any sale of the repaired article, the person, firm or corporation making the repairs shall notify the owner of the article of the time and place of the sale. The notice may be served by certified mail, return receipt requested, or by registered mail directed to the owner's last known address, or, if the owner or his address is unknown, notice of the sale shall be published pursuant to KRS Chapter 424. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 326, sec. 1, effective July 15, 1988. -- Amended 1966 Ky. Acts ch. 239, sec. 216. -- Created 1948 Ky. Acts ch. 30, sec. 1.

KRS 376.435 Lien on die, mold, form, or pattern -- Respective rights of molder and customer

376.435. Lien on die, mold, form, or pattern -- Respective rights of molder and customer (1) As used in this section, unless the context otherwise requires: (a) "Customer" means any person who causes a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern, or who provides a molder with a die, mold, form, or pattern, to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer; and (b) "Molder" means any person who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. "Molder" includes, but is not limited to, a tool or die maker. (2) (a) In the absence of any agreement to the contrary, a customer shall have all rights and title to any die, mold, form, or pattern in the possession of a molder. (b) If a customer does not claim possession from a molder of a die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern, consistent with this subsection. (c) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer, at the customer's last known address. The written notice shall indicate that the molder intends to terminate the customer's rights and title by having the rights and title transferred to the molder by operation of law under this section. The notice shall include a statement of the customer's rights set forth in paragraph (d) of this subsection. (d) 1. If a customer does not respond in person or by mail to claim possession of a particular die, mold, form, or pattern within one hundred twenty (120) days following the date that the notice was mailed, or does not make contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer. 2. This section shall not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition. (3) (a) A molder shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in his hands and that belong to a customer, for the balance due him from the customer for any manufacturing or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid. (b) Before enforcing a lien, a molder shall give notice in writing to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. The notice shall state that a lien is claimed for the damages set forth in or attached to the writing for manufacturing or fabrication work contracted or performed for the customer. The notice shall also include a demand for payment. (c) If the molder has not been paid the amount due within sixty (60) days after the notice has been received by the customer, as provided in paragraph (b) of this subsection, the molder may sell the die, mold, form, or pattern at a public auction. (4) (a) Before a molder may sell the die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice shall include: 1. The molder's intention to sell the die, mold, form, or pattern thirty (30) days after the customer's receipt of the notice; 2. A description of the die, mold, form, or pattern to be sold; 3. The time and place of the sale; and 4. An itemized statement for the amount due. (b) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish the notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern. (c) 1. If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder shall be paid to the customer, if the customer's address is known, or the Kentucky State Treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale. 2. A molder shall not conduct a sale if the sale violates any right of a customer under federal patent or copyright law. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 435, sec. 1, effective July 15, 1998.

KRS 376.440 Lien on equipment, machinery and motors for work and supplies -- Filing of lien statement

376.440. Lien on equipment, machinery and motors for work and supplies -- Filing of lien statement (1) Any person engaged in the business of selling, repairing, or furnishing accessories, or supplies for any kind of equipment or machinery, including motors, shall have a lien on the equipment, machine, machinery, or motor, for the reasonable or agreed charges for repairs, work done, accessories, parts, and supplies furnished for the equipment, machine, machinery, or motor until the reasonable or agreed charge therefor has been paid. The lien shall not be lost by the removal of the equipment, machine, machinery or motor from the premises of the person performing labor, repairing, or furnishing accessories, parts or supplies therefor, if the lien shall be asserted within three (3) months by filing in the office of the county clerk a statement showing the amount and cost of materials furnished or labor performed on the equipment, machine, machinery, or motor. This statement shall be filed in the office of the county clerk of the county in which the owner of the equipment, machine, machinery, or motor resides, unless such owner be a nonresident, in which event the lien statement shall be filed in the office of the county clerk of the county in which such equipment, machine, machinery, or motor is at the time being kept or used. (2) The lien provided for in this section shall attach regardless of whether or not the equipment, machine, machinery, motor, or motors, are ever upon the premises of or in the possession of the person making the repairs, furnishing the parts, or the supplies for such repairs. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 505, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 102, sec. 1, effective June 17, 1954.

KRS 376.445 Contents of lien statement -- Indorsement and filing by county clerk -- Fee

376.445. Contents of lien statement -- Indorsement and filing by county clerk -- Fee (1) The lien statement referred to in KRS 376.440 shall be construed to mean a statement in writing in which is stated the amount due the claimant, with all just credits and setoffs known to him, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it and the name of the owner. This statement shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf. (2) The county clerk shall endorse upon each statement the date of its filing, and shall make an abstract of the statement in a book to be kept by him for that purpose, properly endorsed and indexed, containing the date of filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the lien. The clerk shall receive a fee as provided for in KRS 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 84, sec. 22, effective June 17, 1978; and ch. 384, sec. 506, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 102, sec. 2, effective June 17, 1954. Legislative Research Commission Note. This section was amended by two 1978 acts which do not appear to be in conflict and which have been compiled together.

KRS 376.450 Lien inferior to mortgage or sale unless statement filed

376.450. Lien inferior to mortgage or sale unless statement filed The lien shall not take precedence over a mortgage or bona fide sale and delivery for value without notice, unless the person claiming the prior lien shall, before the recording of the mortgage, or before sale and delivery, file in the office of the county clerk a statement showing that he has furnished or expects to furnish labor, or materials, or parts, or supplies, and the amount in full thereof. The lien shall not, as against the holder of a mortgage, or a purchaser for value, exceed the amount of the lien claimed, as set forth in the statement. The statement shall in all other respects be in the form provided in KRS 376.445. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 507, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 102, sec. 3, effective June 17, 1954.

KRS 376.455 Sale of equipment, machinery or motor to pay charges

376.455. Sale of equipment, machinery or motor to pay charges Any equipment, machine, machinery, motor or motors remaining in the possession of a person who has made repairs, furnished parts, performed labor, or furnished accessories or supplies for the equipment, machine, machinery, motor, or motors, for more than thirty (30) days, may be sold to pay the charges. The proposed sale shall be advertised by publication pursuant to KRS Chapter 424. The owner of the equipment, machine, machinery, motor or motors, shall be served with written notice of such proposed sale at least two (2) weeks before the date of such sale. The notice may be in writing addressed to the owner at his last known address and sent by registered United States mail, postage prepaid. Such written notice may be served upon the owner in any other mode generally recognized by the laws and practice before courts in this state. History: Amended 1966 Ky. Acts ch. 239, sec. 217. -- Created 1954 Ky. Acts ch. 102, sec. 4.

KRS 376.460 Attorney's lien

376.460. Attorney's lien Each attorney shall have a lien upon all claims, except those of the state, put into his hands for suit or collection or upon which suit has been instituted, for the amount of any fee agreed upon by the parties or, in the absence of such agreement, for a reasonable fee. If the action is prosecuted to a recovery of money or property, the attorney shall have a lien upon the judgment recovered, legal costs excepted, for his fee. If the records show the name of the attorney, the defendant shall be deemed to have notice of the lien. If the parties in good faith and before judgment compromise or settle their controversy without the payment of money or other thing of value, the attorney for the plaintiff shall have no claim against the defendant for any part of his fee. History: Created 1976 Ky. Acts ch. 58, sec. 9.

KRS 376.470 Veterinarian's lien

376.470. Veterinarian's lien (1) Any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. (2) The priority among veterinarian's liens filed under this section shall be according to the first lien filed. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 452, sec. 2, effective July 13, 1990.

KRS 376.475 Filing requirement -- Indexing -- Dissolution for nonenforcement

376.475. Filing requirement -- Indexing -- Dissolution for nonenforcement (1) Any lien provided for in KRS 376.470 shall be dissolved unless the claimant, within six (6) months after he ceases to provide services for the animal, files in the office of the county clerk of the county in which the animal is located, a statement of the amount due him, together with a description of the animal intended to be covered by the lien sufficiently accurate to identify it, the name of the owner, and whether the services were furnished by contract or written consent of the owner or agent. This statement shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf. The claimant shall send by regular mail a copy of the statement to the owner at his last known address within seven (7) days of filing the statement with the county clerk. Any lien provided for in KRS 376.470 shall be dissolved if a copy of the statement is not sent to the property owner as provided in this subsection. (2) The county clerk shall endorse upon each statement the date of its filing, and shall make an abstract of the statement in a book to be kept by him for that purpose, properly endorsed and indexed, containing the date of filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose animal the lien is filed, and a description of the animal charged with the lien. The clerk shall receive a fee pursuant to KRS 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs. (3) Any lien created under this section shall be dissolved unless an action is brought to enforce the lien within twelve (12) months from the day of filing the statement in the clerk's office as required by subsection (1) of this section. If the lienholder complies with all filing requirements under this section, and does so within the time herein fixed, his lien shall be valid and effective against any creditor of, or bona fide or other purchaser from, the owner of the animal, except as provided in KRS 257.105(2). (4) The procedure to enforce a lien under KRS 376.470 shall be as provided in KRS 376.110, 376.120, and 376.130. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 452, sec. 3, effective July 13, 1990.

KRS 376.480 Lien for rent due on space for parking abandoned house trailer or mobile home -- Sale of abandoned property

376.480. Lien for rent due on space for parking abandoned house trailer or mobile home -- Sale of abandoned property (1) Any owner of real property who rents space on which a house trailer or mobile home is parked shall have a lien for rent due on any house trailer or mobile home, its contents, and other personalty abandoned by the occupant on the landowner's property for rent due, reasonable storage, cleanup costs, and utilities furnished to the unit and paid for by the landowner. (2) If, after a period of sixty (60) days, the rent, reasonable storage, cleanup costs, and utilities have not been paid, the house trailer or mobile home, its contents, and other personalty abandoned by the occupant may be sold to pay the rent, reasonable storage, cleanup costs, and utilities after the unit owner has been notified of the time and place of the sale, at the unit owner's last known address. Notice shall be made by registered mail at least ten (10) days prior to the time of the sale. If there is a valid recorded lien against the property to be sold, the landowner shall notify the lienholder of the time and place of sale by registered mail at least ten (10) days prior to the time of the sale. If the proceeds of the sale are insufficient to pay the debt and costs of sale, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of the debt owed by the unit owner. This lien shall be subject to prior recorded liens and property taxes. (3) Any money obtained in excess of the sale costs, taxes, and liens shall be paid by the seller to the unit owner; and if the unit owner cannot be located, the excess money shall escheat to the state pursuant to the provisions of KRS Chapter 393. (4) Before the sale, the landowner shall advertise a description of the property to be sold and the time and place of sale for three (3) consecutive publishing periods in a local newspaper distributed in the county where the property is located. (5) The sale may be by written bids or by auction, or both, and the seller may bid on the property. The sale shall be to the highest bidder. (6) The house trailer or mobile home shall be transferred to the purchaser in the county where the sale is conducted upon an affidavit being filed by the seller stating that the provisions of this section have been met, listing the sale price, and containing any other information that may be required by the state or county. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 275, sec. 1, effective July 14, 1992.

KRS 376.990 Penalties

376.990. Penalties (1) Any person who violates the provisions of subsection (2) of KRS 376.050 shall be guilty of a Class D felony. (2) Any person who violates any of the provisions of KRS 376.060 or 376.070 shall be guilty of a Class A misdemeanor. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 43, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2467, 2467a-2, 2467b-4.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39141Fetched: 10/20/2026