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429.010. 1. Any person who shall do or perform any work or labor upon = land,=20 rent any machinery or equipment, or use any rental machinery or = equipment, or=20 furnish any material, fixtures, engine, boiler or machinery for any = building,=20 erection or improvements upon land, or for repairing, grading, = excavating, or=20 filling of the same, or furnish and plant trees, shrubs, bushes or other = plants=20 or provides any type of landscaping goods or services or who installs = outdoor=20 irrigation systems under or by virtue of any contract with the owner or=20 proprietor thereof, or his or her agent, trustee, contractor or = subcontractor,=20 or without a contract if ordered by a city, town, village or county = having a=20 charter form of government to abate the conditions that caused a = structure on=20 that property to be deemed a dangerous building under local ordinances = pursuant=20 to section 67.410, RSMo, upon complying with the provisions of sections = 429.010=20 to 429.340, shall have for his or her work or labor done, machinery or = equipment=20 rented or materials, fixtures, engine, boiler, machinery, trees, shrubs, = bushes=20 or other plants furnished, or any type of landscaping goods or services=20 provided, a lien upon such building, erection or improvements, and upon = the land=20 belonging to such owner or proprietor on which the same are situated, to = the=20 extent of three acres; or if such building, erection or improvements be = upon any=20 lot of land in any town, city or village, or if such building, erection = or=20 improvements be for manufacturing, industrial or commercial purposes and = not=20 within any city, town or village, then such lien shall be upon such = building,=20 erection or improvements, and the lot, tract or parcel of land upon = which the=20 same are situated, and not limited to the extent of three acres, to = secure the=20 payment of such work or labor done, machinery or equipment rented, or = materials,=20 fixtures, engine, boiler, machinery, trees, shrubs, bushes or other = plants or=20 any type of landscaping goods or services furnished, or outdoor = irrigation=20 systems installed; except that if such building, erection or = improvements be not=20 within the limits of any city, town or village, then such lien shall be = also=20 upon the land to the extent necessary to provide a roadway for ingress = to and=20 egress from the lot, tract or parcel of land upon which such building, = erection=20 or improvements are situated, not to exceed forty feet in width, to the = nearest=20 public road or highway. Such lien shall be enforceable only against the = property=20 of the original purchaser of such plants unless the lien is filed = against the=20 property prior to the conveyance of such property to a third person. For = claims=20 involving the rental of machinery or equipment to others who use the = rental=20 machinery or equipment, the lien shall be for the reasonable rental = value of the=20 machinery or equipment during the period of actual use and any periods = of nonuse=20 taken into account in the rental contract, while the machinery or = equipment is=20 on the property in question.=20
2. There shall be no lien involving the rental of machinery or = equipment=20 unless:=20
(1) The improvements are made on commercial property;=20
(2) The amount of the claim exceeds five thousand dollars; and=20
(3) The party claiming the lien provides written notice within five = business=20 days of the commencement of the use of the rental machinery or equipment = to the=20 property owner that rental machinery or equipment is being used upon = their=20 property. Such notice shall identify the name of the entity that rented = the=20 machinery or equipment, the machinery or equipment being rented, and the = rental=20 rate.=20
Nothing contained in this subsection shall apply to persons who use = rented=20 machinery or equipment in performing the work or labor described in = subsection 1=20 of this section.=20
(RSMo 1939 =A7 3546, A.L. 1959 S.B. 257 = & 295,=20 A.L. 1974 H.B. 1251 =A7 429.010 subsec. 2, A.L. 1986 H.B. 942, et al., = A.L. 1990=20 S.B. 808 & 672, A.L. 1992 H.B. 1434 & 1490, A.L. 2005 S.B. = 320, A.L.=20 2007 S.B. 302)Prior revisions: 1929 =A7 3156; 1919 =A7 7216; 1909 = =A7 8212=20
(1972) A mechanic's lien does not attach to = buildings and=20 property owned by a municipality and used for the benefit of the = public. Union=20 Reddi-Mix Co. v. Specialty Concrete Contr. (A.), 476 S.W.2d 160. =
(2008) This section and section 107.170 are = intended to=20 provide inclusive protection to those furnishing labor and materials = for=20 public benefit. Collins & Hermann, Inc. V. TM2 Construction Co., = 263=20 S.W.3d 793 (Mo.App. E.D.).
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Missouri General =
Assembly