2014 Indiana Code TITLE 32. PROPERTY ARTICLE 23. CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE CHAPTER 8. OIL AND GAS: CANCELLATION OF CONTRACTS AND LEASES FOR OIL AND GAS
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IC 32-23-8
Chapter 8. Oil and Gas: Cancellation of Contracts and Leases
for Oil and Gas
IC 32-23-8-1
Lapse of rental payment; nonproduction or nondevelopment of
lease
Sec. 1. (a) Leases for oil and gas that are recorded in Indiana are
void:
(1) after a period of one (1) year has elapsed since:
(A) the last payment of rentals on the oil and gas lease as
stipulated in the lease or contract; or
(B) operation for oil or gas has ceased, both by the
nonproduction of oil or gas and the nondevelopment of the
lease; and
(2) upon the written request of the owner of the land,
accompanied by the affidavit of the owner stating that:
(A) no rentals have been paid to or received by the owner or
any person, bank, or corporation in the owner's behalf for a
period of one (1) year after they have become due; and
(B) the leases and contracts have not been operated for the
production of oil or gas for one (1) year.
As added by P.L.2-2002, SEC.8.
IC 32-23-8-2
Certification of invalidity of lease; recording
Sec. 2. (a) The recorder of the county in which real estate
described in section 1 of this chapter is situated shall certify upon the
face of the record of the oil and gas lease that:
(1) the leases and contracts are invalid and void by reason of
nonpayment of rentals; and
(2) the oil and gas lease is canceled of record.
(b) The request and affidavit shall be recorded in the
miscellaneous records of the recorder's office.
As added by P.L.2-2002, SEC.8.
IC 32-23-8-3
Payment of rent; void cancellation
Sec. 3. If, at any time after the cancellation of a lease and contract
and within the term provided in the lease or contract, the lessee
submits to the recorder:
(1) a receipt or a canceled check, or an affidavit, showing that
the rental has been paid; or
(2) an affidavit that:
(A) the lease has been operated within a period of one (1)
year before the cancellation, as stipulated in the lease or
contract; and
(B) the affidavit of the lessor provided under this chapter is
false or fraudulent;
the cancellation is void, and the recorder shall so certify at the place
where the cancellation of the lease and contract has been entered.
As added by P.L.2-2002, SEC.8.
IC 32-23-8-4
Appeal of cancellation of lease
Sec. 4. The owner of a lease that is canceled by a county recorder
under this chapter may, not more than six (6) months after the date of
cancellation of the lease, appeal the order and record of cancellation
in the circuit court of the county in which the land is located.
As added by P.L.2-2002, SEC.8.
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