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 ofland on which the surface soil has been removed or is being removedor is proposed to be removed from the coal seam by one (1) group ofoperating machines or machinery and where mine run coal is beingproduced in the raw state ready for direct sale to a consumer or fortransportation to a cleaning or preparation plant.
    (b) The term includes the plant used for cleaning and preparingthe 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 stripmine 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 haspriority over all other liens. As against each other, these liens havepriority in the order in which they accrued.
    (b) A state tax lien is superior to and has priority over a liendescribed in subsection (a).
    (c) A person desiring to acquire an employee lien as described insubsection (a) shall file within sixty (60) days after the time thepayment became due in the recorder's office of the county where themine is situated a notice of intention to hold a lien upon property forthe amount of the claim. The person filing a lien shall state in the liennotice the amount of the claim and the name of the coal works, ifknown. If the person filing the lien does not know the name of thecoal works, the person shall include in the notice any otherdesignation describing the location of the mine. The recorder shallimmediately record the notice in the location used for recordingmechanic's liens. The recorder shall receive a fee in accordance withIC 36-2-7-10. If the mine is located in more than one (1) county, thenotice of intention to hold a lien may be filed in any county whereany part of the mine is located.
    (d) Suits brought to enforce a lien created under this section mustbe brought within one (1) year after the date of filing notice of thelien in the recorder's office. All judgments rendered on theforeclosure 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.The judgment shall be collected without relief from valuation,appraisement, or state laws.
As added by P.L.2-2002, SEC.13.