30-9A-333. Priority of certain liens arising by operation of law. (1) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien:
     (a) that secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;
     (b) that is created by statute or rule of law in favor of the person; and
     (c) whose effectiveness depends on the person's possession of the goods.
     (2) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.

     History: En. Sec. 52, Ch. 305, L. 1999; Sec. 30-9-353, MCA 1999; redes. 30-9A-333 by Code Commissioner, 2001.