Sec. 19. The fact that a person has initiated or supported a proceeding before the department or has remedied or attempted to remedy the condition of a test hole under this chapter:

(1) is not an admission of liability and may not be received in evidence against the person in an action or a proceeding in which responsibility for or damages from:

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Terms Used In Indiana Code 14-38-2-19

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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

(A) surface or subsurface pollution; or

(B) injury to a fresh water, an oil, a gas, or a mineral bearing formation;

is or may become an issue; and

(2) does not release or discharge an action, a cause of action, or a claim against the person in favor of a third person for damages to property resulting from:

(A) surface or subsurface pollution; or

(B) injury to a fresh water, an oil, a gas, or a mineral bearing formation;

to the extent that the action, cause of action, or claim preexisted the initiation or support of the proceeding or the remedying or attempted remedying of the condition of the test hole.

[Pre-1995 Recodification Citation: 13-4-5-10(e).]

As added by P.L.1-1995, SEC.31.