Current through the 2024 legislative session
Section 29-3-105 - Extent of liens; on oil, or proceeds thereof; notice to purchaser required; effect of notice; purchaser to withhold payments(a) The lien provided by this chapter covers:(i) All the production of oil, gas and ore and minerals in solid form attributable to the interest subject to the lien;(ii) The proceeds of production attaching to the working interest as the working interest existed on the date labor was first performed or materials were first furnished;(vi) Any pipelines including rights-of-way;(vii) Any mine or quarry;(viii) All materials furnished for use with work done; and(ix) The whole of the land or leasehold (or, in the case of validly pooled or unitized lands, leases or interests, the lands, leases or interests so pooled or unitized) and including all other wells, buildings, property and appurtenances, including water rights, located on the land or leasehold (or pooled or unitized lands, leases or interests) where work was performed or materials furnished. (b) Any lien claimed pursuant to this chapter covering oil, gas or ore and minerals in solid form or the proceeds of their sale is not effective against any purchaser of the oil, gas or ore and minerals in solid form until written notice of the claim is delivered by certified mail, return receipt requested, to the purchaser at his principal place of business. Notice shall state:(i) The name of the claimant;(iii) The amount of the lien; and(iv) The description of the interest on which the lien is claimed.(c) The production of any mineral interest or working interest otherwise subject to a lien under this chapter is not to be encumbered until notice of the lien is delivered as provided in subsection (b) of this section to the holder of the interest. At the time notice is given any proceeds remaining unpaid or any proceeds yet to be paid on future sales of the mineral production shall be encumbered by the lien. (d) A purchaser shall withhold payments for oil or gas runs or ore and minerals in solid form to the extent of the lien amount claimed until delivery of written notice the claim is settled or until otherwise ordered by a court of competent jurisdiction.