2015 Indiana Code TITLE 32. PROPERTY ARTICLE 28. LIENS ON REAL PROPERTY CHAPTER 10. REAL ESTATE: EMPLOYEES' LIEN ON STRIP MINES
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IC 32-28-10
Chapter 10. Real Estate: Employees' Lien on Strip Mines
IC 32-28-10-1
"Strip mine" defined
Sec. 1. (a) As used in this chapter, "strip mine" means a tract of
land on which the surface soil has been removed or is being removed
or is proposed to be removed from the coal seam by one (1) group of
operating machines or machinery and where mine run coal is being
produced in the raw state ready for direct sale to a consumer or for
transportation to a cleaning or preparation plant.
(b) The term includes the plant used for cleaning and preparing the
coal for market.
As added by P.L.2-2002, SEC.13.
IC 32-28-10-2
Priority; notice of intention; enforcement of lien
Sec. 2. (a) A person employed and working in and about a strip
mine has a lien on:
(1) the strip mine;
(2) all machinery and fixtures connected with the strip mine;
and
(3) everything used in and about the strip mine;
for labor performed within a two (2) month period preceding the lien.
Except as provided in subdivision (b), this lien is superior to and has
priority over all other liens. As against each other, these liens have
priority in the order in which they accrued.
(b) A state tax lien is superior to and has priority over a lien
described in subsection (a).
(c) A person desiring to acquire an employee lien as described in
subsection (a) shall file within sixty (60) days after the time the
payment became due in the recorder's office of the county where the
mine is situated a notice of intention to hold a lien upon property for
the amount of the claim. The person filing a lien shall state in the lien
notice the amount of the claim and the name of the coal works, if
known. If the person filing the lien does not know the name of the
coal works, the person shall include in the notice any other
designation describing the location of the mine. The recorder shall
immediately record the notice in the location used for recording
mechanic's liens. The recorder shall receive a fee in accordance with
IC 36-2-7-10. If the mine is located in more than one (1) county, the
notice of intention to hold a lien may be filed in any county where
any part of the mine is located.
(d) Suits brought to enforce a lien created under this section must
be brought within one (1) year after the date of filing notice of the
lien in the recorder's office. All judgments rendered on the
foreclosure of the liens must include:
(1) the amount of the claim found to be due;
Indiana Code 2015
(2) the interest on the claim from the time due; and
(3) reasonable attorney's fees.
The judgment shall be collected without relief from valuation,
appraisement, or state laws.
As added by P.L.2-2002, SEC.13.
Indiana Code 2015
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