§ 32-28-10-2 — Priority; notice of intention; enforcement of lien

Indiana § 32-28-10-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 10: Real Estate: Employees' Lien on Strip Mines

Text

(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;
(2) the interest on the claim from the time due; and
(3) reasonable attorney's fees.
[Pre-2002 Recodification Citation: 32-8-10-2.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.5.