Law:Title 5. Exempt Property And Liens. Subtitle B. Liens from Chapter 57. Railroad Laborer's Lien (Texas)

From Law Delta

Jump to: navigation, search

Subtitle B. Liens

Contents

Chapter 57. Railroad Laborer's Lien

Section  57.001.  Railroad Laborer's Lien.

A mechanic, laborer, or other person who works or uses tools or a team in the construction, operation, or repair of a railroad or railroad equipment has a lien on the railroad and equipment for the amount owed for the labor or the use of the tools or team.

Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.



Section  57.002.  Priority.

A lien under this chapter takes priority over all other liens on the same property.

Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.



Section  57.003.  Duration Of Lien.

A lien under this chapter ceases to exist 12 months after the day that it is created, unless the lien claimant has sued to foreclose the lien.

Acts 1983, 68th Leg., p. 3570, ch. 576, Sec. 1, eff. Jan. 1, 1984.



Section  57.004.  Enforcement.

A court in a suit to foreclose the lien shall render judgment for the amount due and order to be sold as much of the railroad right-of-way and equipment as is necessary to satisfy the judgment only if:

(1)  the work was performed at the instance of the railroad company or the company's agent, contractor, or subcontractor; and

(2)  the amount claimed is due.

Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.



Section  57.005.  Venue.

A suit to foreclose a lien under this chapter may be brought in a county in which:

(1)  the work was performed or any part of the cause of action accrued; or

(2)  the principal office of the railroad company is located.

Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.



Section  57.006.  Parties.

Holders of other liens on the same property are not necessary parties to a suit to foreclose a lien under this chapter but may intervene in the suit.

Acts 1983, 68th Leg., p. 3571, ch. 576, Sec. 1, eff. Jan. 1, 1984.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox