§ 32-28-3-12 — Railroads; labor and materials; lien

(a) This section applies to a person who:
(1) performs work or labor such as:
(A) grading;
(B) building embankments;
(C) making excavations for track;
(D) building:
(i) bridges;
(ii) trestlework;
(iii) works of masonry;
(iv) fencing; or
(v) other structures; or
(E) performs work of any kind;
in the construction or repair of a railroad or part of a railroad in
Indiana; or
(2) furnishes material for:
(A) a bridge, trestlework, work of masonry, fence, or other
structure; or
(B) use in the construction or repair of a railroad or part of a
railroad;
in Indiana.
(b) The work, labor, or material described in subsection (a) may be
provided under a contract:
(1) with the railroad corporation building, repairing, or owning
the railroad; or
(2) with a person, corporation, or company engaged as:
(A) lessee;
(B) contractor;
(C) subcontractor; or
(D) agent;
of the railroad corporation in the work of constructing or repairing
the railroad or part of the railroad in Indiana.
(c) A person to whom this section applies may have a lien to the
extent of the work or labor performed, or material furnished, or both,
upon:
(1) the right-of-way and franchises of the railroad corporation;
and
(2) the works and structures as set forth in this section that may be
upon the right-of-way and franchise of the railroad corporation;
within the limits of the county in which the work or labor may be
performed or the material may be furnished.
(d) A person performing work or labor or furnishing materials under
a contract described in subsection (b)(2) is not required to give notice
to the railroad corporation under section 9 of this chapter in order to
acquire and hold a lien for labor performed or material furnished under
the provisions of this section. The performance of the labor or the
furnishing of the materials is sufficient notice to the railroad
corporation. A lien that is acquired as set forth in this subsection shall
be enforced as other mechanic's liens are enforced in Indiana.
(e) A person who, in doing business with a railroad company, has
constructed a building or other improvement on a portion of the
railroad right-of-way adjacent to the person's place of business may
have a lien to the extent of the fair market value of the improvement on
that portion of the right-of-way. The lien may be acquired and
enforced:
(1) upon abandonment of the right-of-way by the railroad
company; and
(2) against the successors in title of the railroad company.
This subsection does not apply to property that is subject to a written
agreement providing for the disposition of improvements upon
abandonment. Liens acquired under this subsection shall be enforced
as other mechanic's liens are enforced in Indiana.
[Pre-2002 Recodification Citation: 32-8-3-12.]

Legislative History

As added by P.L.2-2002, SEC.13.