# Title 35 — Liens

## Chapter 35-15 — Miner's Lien

### § 35-15-01. Miner's lien for work or material furnished to owner or contractor.

Every miner or other person who, at the request of the owner or the agent of the owner of
any lode, lead, ledge, mine, or deposit bearing gold, cinnabar, or copper, or of any coal bank or
mine, or at the request of any contractor or subcontractor, performs any labor on the mine or
furnishes any timber, rope, nails, or any other materials for timbering shafts or levels for the
mine, or who furnishes any kind of materials for erecting any windlass, whims, or any other
hoisting apparatus or machinery, or for any car track, cars, tunnels, drifts, or openings thereon,
or performs any labor in any tunnel, has a lien upon such lode, lead, ledge, mine, deposit, bank,
or tunnel to secure the payment therefor.
### § 35-15-02. Verified account to owner - Amount deducted from payment to contractor.

Any miner or other person doing and performing any work or furnishing any material as
specified in section 35-15-01 under a contract, either express or implied, between the owner of
any mine or the mine owner's agent, and any contractor working on such mine, whether such
work is performed or materials furnished as miner, laborer, or otherwise, whose demand for
work so performed or materials so furnished has not been paid, may deliver to the owner of
such mine or tunnel or to the owner's agent or superintendent a verified account of the amount
in value of the work and labor performed or of the materials furnished and remaining unpaid,
and thereupon, the owner or the owner's agent shall retain out of the first subsequent payments
to the contractor the amount due for the work and labor or materials furnished for the benefit of
the person performing or furnishing the same.
### § 35-15-03. Duty of owner - Delivery of copy to contractor - Notice - Disputed claim -

Payment of claim.
Whenever any account for labor performed or materials furnished as specified in section
duty of the owner or agent to furnish the contractor with a copy of the papers so that if there is
any disagreement between such contractor or the contractor's subcontractor and the creditor of
either, they, by amicable adjustment or by arbitration, may ascertain the sum due, if any. If the
contractor or subcontractor does not give the owner or the owner's agent written notice within
ten days after the receipt of the papers that the contractor or subcontractor intends to dispute
the claim, or if ten days after giving the notice the contractor or subcontractor refuses or
neglects to have the matter adjusted, the contractor or subcontractor shall be considered to
have assented thereto, and such owner or the owner's agent may pay the amount when it
becomes due, and for that purpose may deduct the amount out of any moneys due the
contractor who in like manner may deduct the amount from any moneys due from the contractor
to the contractor's subcontractor in case the account or demand is against a subcontractor for
work and labor performed or materials furnished.
### § 35-15-04. Amount due from contractors recovered from owner - Action against owner.

The creditor of a contractor may recover from the owner, under the contract in force
between the contractor and the owner, the sum due at the time notice was given and any sum
thereafter accruing.
### § 35-15-05. Account filed with clerk - Recorded by clerk - Liens concurrent and paid

pro rata.
Any person entitled to a lien under this chapter shall make a verified account in writing of
the items of labor and material furnished and, within sixty days from the time of completing the
labor or furnishing the last item of materials, shall file the account in the office of the clerk of the
district court of the county where the lode, lead, ledge, mine, deposit, bank, or tunnel for which
labor or material is furnished is situated. The person shall file, with the account, a correct
description of the property to be charged with the lien. The account and description must be

recorded in a separate record and filing system to be provided for that purpose by the clerk of
court. Thereupon the account will operate as a lien on the property charged in the description
from the time of the completion of the work or furnishing the last item of material, and for one
year thereafter. When labor or materials have been furnished under a written contract, the
contract or a copy thereof must be filed with the account and description. All lien claims for labor
or materials furnished must be concurrent liens upon the property charged and must be paid pro
rata out of the proceeds arising from the sale of the property, if sold, or upon settlement without
sale.
### § 35-15-06. Foreclosure - When lienholders joined in action.

Any person holding a miner's lien may foreclose the same in the same manner as a
construction lien may be foreclosed. In an action for the foreclosure of such lien, each person
claiming a lien upon the property charged must be made a party to the action, and the rights of
all parties must be determined by the court and such order made in regard thereto as shall
preserve and protect the rights of all parties.
### § 35-15-07. Chapter applies to oil and gas wells, iron and lead mines, and other mines.

The provisions of this chapter apply to oil and gas wells, iron and lead mines, and all other
mines not herein specified so far as the same may be applicable.
