Terms Used In Indiana Code > Title 14 > Article 34 - Surface Coal Mining and Reclamation

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appraisal: A determination of property value.
• approximate original contour: means the surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including terracing or access roads:

  Indiana Code 14-34-10-1

• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• bond pool: refers to the surface coal mine reclamation bond pool established by this chapter. See Indiana Code 14-34-8-1
• collateral: means the actual or constructive deposit, as appropriate, with the director of one (1) or more of the following types of property in support of a self-bond:

  Indiana Code 14-34-7-0.5

• committee: refers to the surface coal mine reclamation bond pool committee established by this chapter. See Indiana Code 14-34-8-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• comparative balance sheet: means item accounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement. See Indiana Code 14-34-7-0.6
• comparative income statement: means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement. See Indiana Code 14-34-7-0.7
• Confidential: means information which has been so designated by statute or by promulgated rule or regulation based on statutory authority. See Indiana Code 4-1-6-1
• Continuance: Putting off of a hearing ot trial until a later time.
• Data subject: means an individual about whom personal information is indexed or may be located under the individual's name, personal number, or other identifiable particulars, in a personal information system. See Indiana Code 4-1-6-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• fund: refers to the natural resources reclamation division fund established by this chapter. See Indiana Code 14-34-14-1
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• liabilities: means obligations to transfer assets or provide services to other entities in the future as a result of past transactions. See Indiana Code 14-34-7-1
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal information: means any information that describes, locates, or indexes anything about an individual or that affords a basis for inferring personal characteristics about an individual including, but not limited to, the individual's education, financial transactions, medical history, criminal or employment records, finger and voice prints, photographs, or the individual's presence, registration, or membership in an organization or activity or admission to an institution. See Indiana Code 4-1-6-1
• Personal information system: means any recordkeeping process, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject. See Indiana Code 4-1-6-1
• political subdivision: shall mean any county, township, city, and town. See Indiana Code 4-1-4-1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Service of process: The service of writs or summonses to the appropriate party.
• State agency: means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government, except those which are the responsibility of the state comptroller, treasurer of state, secretary of state, attorney general, and excepting the department of state police and state educational institutions. See Indiana Code 4-1-6-1
• substantial legal and financial commitments in a surface coal mining operation: means significant investments that have been made on the basis of a long term coal contract in power plants, railroads, coal handling facilities, preparation facilities, extraction facilities, or storage facilities and other capital intensive activities, such as the following:

  Indiana Code 14-34-18-2

• Surface Mining Control and Reclamation Act: means the federal Surface Mining Control and Reclamation Act of 1977 (Indiana Code 14-34-7-2.5
• tangible net worth: means :

  Indiana Code 14-34-7-3

• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.