Sec. 5. Failure to file a statement of claim within the time provided in section 4 of this chapter does not cause a mineral interest to be extinguished if the owner of the mineral interest:

(1) was, at the time of the expiration of the period specified in section 4 of this chapter, the owner of ten (10) or more mineral interests in the county in which the mineral interest is located;

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Terms Used In Indiana Code 32-23-10-5

  • mineral interest: means the interest that is created by an instrument that transfers, by:

    Indiana Code 32-23-10-1

(2) made a diligent effort to preserve all the mineral interests that were not being used and, not more than ten (10) years before the expiration of the period specified in section 4 of this chapter, preserved other mineral interests in the county by filing statements 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 notice as specified in section 6 of this chapter; and

(B) if a notice referred to in clause (A) is not published, not more than sixty (60) days after receiving actual knowledge that the mineral interest had lapsed.

[Pre-2002 Recodification Citation: 32-5-11-5.]

As added by P.L.2-2002, SEC.8.