NEW LAW ON WAREHOUSE RECEIPTS AND
NOTICE TO RECEIPTHOLDERS -
EFFECTIVE 3/12/07
60-02-30. Termination of public grain warehouse storage contracts
- Notice to receiptholder.
1. All storage contracts terminate on the date identified in the
publication required by section 60-02-17. If a different termination
date is not identified in the publication, then all storage contracts on
grain in a public grain warehouse terminate on June thirtieth of each
year, except for storage contracts on dry edible beans which terminate
on April thirtieth of each year.
2. Storage on grain in a public grain warehouse may be terminated
by the receiptholder at any time before the applicable date by the
payment of all legal charges and the surrender of the warehouse receipt,
together with a demand for delivery of the grain in storage, or notice
to the public warehouseman to sell the stored grain.
3. Upon the expiration of the storage contract, the warehouseman
is not obligated to renew the storage contract.
4. At least thirty days before the termination date of a storage
contract, the public warehouseman shall notify the receiptholder by mail
of the warehouseman's intention to terminate the storage contract on the
date identified in the storage contract, unless the receiptholder,
before that time, demands redelivery, authorizes sale, extends the
storage contract, or enters a new contract with the public warehouseman
for restorage. Failure to notify the receiptholder, as required by this
section, results in the forfeiture of storage charges accrued for the
grain during the previous twelve months.
5. In the absence of a demand for delivery, an order to sell, or
an agreement between the public warehouseman and the receiptholder for
storage after the termination date of the storage contract, the
warehouseman, upon the expiration of the storage contract, may sell at
the local market price on the close of business on that day, all stored
grain of the receiptholder and tender to the receiptholder the proceeds
of the sale, less accrued storage charges and the public warehouseman's
advances upon any previous storage contract of the receiptholder.
NOTE: Section
60-02-31 of the North Dakota Century Code has been repealed. |