2014 Indiana Code TITLE 32. PROPERTY ARTICLE 23. CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE CHAPTER 10. LAPSE OF MINERAL INTEREST
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IC 32-23-10
Chapter 10. Lapse of Mineral Interest
IC 32-23-10-1
"Mineral interest" defined
Sec. 1. As used in this chapter, "mineral interest" means the
interest that is created by an instrument that transfers, by:
(1) grant;
(2) assignment;
(3) reservation; or
(4) otherwise;
an interest of any kind in coal, oil and gas, and other minerals.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-2
Statement of claims; filing; reversion
Sec. 2. An interest in coal, oil and gas, and other minerals, if
unused for a period of twenty (20) years, is extinguished and the
ownership reverts to the owner of the interest out of which the
interest in coal, oil and gas, and other minerals was carved. However,
if a statement of claim is filed in accordance with this chapter, the
reversion does not occur.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-3
Presumption of use
Sec. 3. (a) A mineral interest is considered to be used when:
(1) minerals are produced under the mineral interest;
(2) operations are conducted on the mineral interest for
injection, withdrawal, storage, or disposal of water, gas, or other
fluid substances;
(3) rentals or royalties are paid by the owner of the mineral
interest for the purpose of delaying or enjoying the use or
exercise of the rights;
(4) a use described in subdivisions 1 through 3 is carried out on
a tract with which the mineral interest may be unitized or pooled
for production purposes;
(5) in the case of coal or other solid minerals, there is
production from a common vein or seam by the owners of the
mineral interest; or
(6) taxes are paid on the mineral interest by the owner of the
mineral interest.
(b) A use under or authorized by an instrument that creates a
mineral interest continues in force all rights granted by the
instrument.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-4
Statement of claim; filing; time
Sec. 4. (a) The statement of claim under section 2 of this chapter
must:
(1) be filed by the owner of the mineral interest before the end
of the twenty (20) year period set forth in section 2 of this
chapter; and
(2) contain:
(A) the name and address of the owner of the mineral
interest; and
(B) a description of the land on or under which the mineral
interest is located.
(b) A statement of claim described in subsection (a) must be filed
in the office of the recorder of deeds in the county in which the land
is located.
(c) Upon the filing of a statement of claim within the time
provided in this section, the mineral interest is considered to be in use
on the date the statement of claim is filed.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-5
Statement of claim; failure to file
Sec. 5. Failure to file a statement of claim within the time provided
in section 4 of this chapter does not cause a mineral interest to be
extinguished if the owner of the mineral interest:
(1) was, at the time of the expiration of the period specified in
section 4 of this chapter, the owner of ten (10) or more mineral
interests in the county in which the mineral interest is located;
(2) made a diligent effort to preserve all the mineral interests
that were not being used and, not more than ten (10) years
before the expiration of the period specified in section 4 of this
chapter, preserved other mineral interests in the county by filing
statements of claim as required under this chapter;
(3) failed to preserve the mineral interest through inadvertence;
and
(4) filed the statement of claim required under this chapter:
(A) not more than sixty (60) days after publication of notice
as specified in section 6 of this chapter; and
(B) if a notice referred to in clause (A) is not published, not
more than sixty (60) days after receiving actual knowledge
that the mineral interest had lapsed.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-6
Notice; lapse of interest
Sec. 6. (a) A person who succeeds to the ownership of a mineral
interest may, upon the lapse of the mineral interest, give notice of the
lapse of the mineral interest by:
(1) publishing notice in a newspaper of general circulation in the
county in which the mineral interest is located; and
(2) if the address of the mineral interest owner is shown of
record or can be determined upon reasonable inquiry, by
mailing, not more than ten (10) days after publication, a copy of
the notice to the owner of the mineral interest.
(b) The notice required under subsection (a) must state:
(1) the name of the owner of the mineral interest, as shown of
record;
(2) a description of the land; and
(3) the name of the person giving the notice.
(c) If a copy of the notice required under subsection (a) and an
affidavit of service of the notice are promptly filed in the office of the
recorder in the county where the land is located, the record is prima
facie evidence in a legal proceeding that notice was given.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-7
Dormant mineral interest record
Sec. 7. Upon the filing of the statement of claim specified in
section 4 of this chapter or the proof of service of notice specified in
section 6 of this chapter in the recorder's office for the county where
a mineral interest is located, the recorder shall:
(1) record the filing in a book to be kept for that purpose, to be
known as the "dormant mineral interest record"; and
(2) indicate by marginal notation on the instrument creating the
original mineral interest the filing of the statement of claim or
affidavit of publication and service of notice.
As added by P.L.2-2002, SEC.8.
IC 32-23-10-8
Waiver
Sec. 8. The provisions of this chapter may not be waived at any
time before the expiration of the twenty (20) year period provided in
section 2 of this chapter.
As added by P.L.2-2002, SEC.8.
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