Alaska Statutes
Alaska Stat. § 34.35.140 (2026)
Lien on dump or mass of mineral
✓ current as of July 2026
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Sec. 34.35.140. Lien on dump or mass of mineral.
(a) A person who, at the instance of another who has the right of possession of a mine, or mining claim, oil or gas well, performs upon, in, or about the mine or well any of the kinds of work mentioned in AS 34.35.125, or who performs any other kind of work in the production, piling up, or storing of a dump or mass of mineral, has a lien on the dump or mass, and the gold, gold dust, or other minerals contained in or extracted from it, to secure the amount due the laborer in the production of the minerals.
(b) The lien attaches to the dump or mass, and to the gold, gold dust, or other mineral, whether they are deposited on the ground in a mass, or dumped into bunkers or hoppers, or stored in tanks or reservoirs, or placed in sluice boxes at the mine, and attaches to the gold, gold dust, and other minerals so long as they are in one mass and can be identified as being produced by the labor of the lienor.
(c) The lien provided for in this section is prior and preferred over a deed, mortgage, bill of sale, attachment, or other claim whether given before or after the work for which the lien is claimed is started.
(a) A person who, at the instance of another who has the right of possession of a mine, or mining claim, oil or gas well, performs upon, in, or about the mine or well any of the kinds of work mentioned in AS 34.35.125, or who performs any other kind of work in the production, piling up, or storing of a dump or mass of mineral, has a lien on the dump or mass, and the gold, gold dust, or other minerals contained in or extracted from it, to secure the amount due the laborer in the production of the minerals.
(b) The lien attaches to the dump or mass, and to the gold, gold dust, or other mineral, whether they are deposited on the ground in a mass, or dumped into bunkers or hoppers, or stored in tanks or reservoirs, or placed in sluice boxes at the mine, and attaches to the gold, gold dust, and other minerals so long as they are in one mass and can be identified as being produced by the labor of the lienor.
(c) The lien provided for in this section is prior and preferred over a deed, mortgage, bill of sale, attachment, or other claim whether given before or after the work for which the lien is claimed is started.
Notes of Decisions
Cited in 4
cases, 2002–2019 · leading case: D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002).
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “The superior court held Blatt-ner to be a "person" entitled to file a lien under AS 34.35.140. The superior court further ruled that Blattner could include in its dump lien labor other than that directly involved in the extraction of minerals from the mine.”
All Am. Oilfield, LLC v. Cook Inlet Energy, LLC, 446 P.3d 767 (Alaska 2019). “125 and a mineral dump lien under AS 34.35.140. In October, after its creditors filed an involuntary petition for relief, Cook Inlet consented to Chapter 11 bankruptcy proceedings.”
Morris v. Rowallan Alaska, Inc., 121 P.3d 159 (Alaska 2005). “050, and AS 34.35.140, Morris sought foreclosure of the owner’s interests to satisfy his judgment.”
Baker Hughes Oilfield Operations, Inc. v. Nat'l Rural Utils. Coop. Fin. Corp. (Naknek Elec. Ass'n), 471 B.R. 225 (Bankr. D. Alaska 2012). “The full text of subsection (a) is: A person who, at the instance of another who has the right of possession of a mine, or mining claim, oil or gas well, performs upon, in, or about the mine or well any of the kinds of work mentioned in AS 34.”
— Alaska Stat. § 34.35.140(a) — 3 cases
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “The superior court held Blatt-ner to be a "person" entitled to file a lien under AS 34.35.140. The superior court further ruled that Blattner could include in its dump lien labor other than that directly involved in the extraction of minerals from the mine.”
All Am. Oilfield, LLC v. Cook Inlet Energy, LLC, 446 P.3d 767 (Alaska 2019). “125 and a mineral dump lien under AS 34.35.140. In October, after its creditors filed an involuntary petition for relief, Cook Inlet consented to Chapter 11 bankruptcy proceedings.”
Baker Hughes Oilfield Operations, Inc. v. Nat'l Rural Utils. Coop. Fin. Corp. (Naknek Elec. Ass'n), 471 B.R. 225 (Bankr. D. Alaska 2012). “The full text of subsection (a) is: A person who, at the instance of another who has the right of possession of a mine, or mining claim, oil or gas well, performs upon, in, or about the mine or well any of the kinds of work mentioned in AS 34.”
— Alaska Stat. § 34.35.140(c) — 1 case
All Am. Oilfield, LLC v. Cook Inlet Energy, LLC, 446 P.3d 767 (Alaska 2019). “125 and a mineral dump lien under AS 34.35.140. In October, after its creditors filed an involuntary petition for relief, Cook Inlet consented to Chapter 11 bankruptcy proceedings.”
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