CHAPTER 10. LAPSE OF MINERAL INTEREST
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 theinterest 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, ifunused for a period of twenty (20) years, is extinguished and theownership reverts to the owner of the interest out of which theinterest in coal, oil and gas, and other minerals was carved. However,if a statement of claim is filed in accordance with this chapter, thereversion 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 forinjection, withdrawal, storage, or disposal of water, gas, orother fluid substances;
(3) rentals or royalties are paid by the owner of the mineralinterest for the purpose of delaying or enjoying the use orexercise of the rights;
(4) a use described in subdivisions 1 through 3 is carried out ona tract with which the mineral interest may be unitized orpooled for production purposes;
(5) in the case of coal or other solid minerals, there isproduction from a common vein or seam by the owners of themineral interest; or
(6) taxes are paid on the mineral interest by the owner of themineral interest.
(b) A use under or authorized by an instrument that creates amineral interest continues in force all rights granted by theinstrument.
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 endof the twenty (20) year period set forth in section 2 of thischapter; and
(2) contain:
(A) the name and address of the owner of the mineralinterest; and
(B) a description of the land on or under which the mineralinterest is located.
(b) A statement of claim described in subsection (a) must be filedin the office of the recorder of deeds in the county in which the landis located.
(c) Upon the filing of a statement of claim within the timeprovided in this section, the mineral interest is considered to be inuse 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 timeprovided in section 4 of this chapter does not cause a mineral interestto be extinguished if the owner of the mineral interest:
(1) was, at the time of the expiration of the period specified insection 4 of this chapter, the owner of ten (10) or more mineralinterests in the county in which the mineral interest is located;
(2) made a diligent effort to preserve all the mineral intereststhat were not being used and, not more than ten (10) yearsbefore the expiration of the period specified in section 4 of thischapter, preserved other mineral interests in the county by filingstatements 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 noticeas specified in section 6 of this chapter; and
(B) if a notice referred to in clause (A) is not published, notmore than sixty (60) days after receiving actual knowledgethat 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 mineralinterest may, upon the lapse of the mineral interest, give notice of thelapse of the mineral interest by:
(1) publishing notice in a newspaper of general circulation inthe county in which the mineral interest is located; and
(2) if the address of the mineral interest owner is shown ofrecord or can be determined upon reasonable inquiry, bymailing, 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 ofrecord;
(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 anaffidavit of service of the notice are promptly filed in the office ofthe recorder in the county where the land is located, the record isprima 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 insection 4 of this chapter or the proof of service of notice specified insection 6 of this chapter in the recorder's office for the county wherea mineral interest is located, the recorder shall:
(1) record the filing in a book to be kept for that purpose, to beknown as the "dormant mineral interest record"; and
(2) indicate by marginal notation on the instrument creating theoriginal mineral interest the filing of the statement of claim oraffidavit 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 anytime before the expiration of the twenty (20) year period provided insection 2 of this chapter.
As added by P.L.2-2002, SEC.8.