Indiana Code 14-38-2-20. Cause of action for plugging, replugging, or repairing test hole
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Sec. 20. (a) A person who did not have an obligation to plug, replug, or repair a test hole, but who does so under this chapter, has the following:
(2) A lien enforceable upon the interest of the obligated person in and to the equipment located on the test hole to the extent of the reasonable cost and expense.
(1) A cause of action against the person who was obligated by law to properly plug, replug, or repair the test hole for the reasonable cost and expense incurred in plugging, replugging, or repairing the test hole.
Terms Used In Indiana Code 14-38-2-20
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- plugging: means the stopping of the flow or migration of oil, gas, water, or other fluid or material up or down a test hole. See Indiana Code 14-38-2-3
- test hole: means an exploratory hole, except for coal exploration, drilled for the purpose of obtaining information and data on the character, composition, sequence, thickness, age, and correlation of underground strata and formations for at least one (1) of the following and no other purposes:
Indiana Code 14-38-2-4
(b) This section does not assign or impute any liability or obligation upon the owner of the land upon which the test hole is located, except if the owner is the person who was granted a permit to drill the test hole.
[Pre-1995 Recodification Citation: 13-4-5-10(f).]
As added by P.L.1-1995, SEC.31.