Section 2.6 Mechanics' Lien Rights on Indian Reservations
| Jurisdiction | Arizona |
As a general rule a person performing work upon an Indian reservation will not have any lien rights.
There are a number of barriers to the application of Arizona's mechanics' lien statutes to land located within the boundaries of an Indian reservation. First, there is the doctrine of sovereign immunity that precludes the imposition of mechanics' liens against property owned by a sovereign. Although Indian tribes do not possess all the attributes of sovereignty, they possess sufficient attributes to render the application of Arizona's lien statutes to tribally-owned land highly problematic.
Second, federal law may preempt the exercise of such authority over Indian...
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