Sec. 6. (a) If the title to coal lying within the land is owned by joint owners, a
coal owner or coal lessee of the coal owner that meets the requirements under this chapter is authorized to mine and remove coal from the land subject to this chapter.
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Terms Used In Indiana Code 32-23-12-6
- coal land: means the coal estate in land that contains coal and is subject to a vested interest by a plaintiff, under this chapter, to the coal lying within the land. See Indiana Code 32-23-12-2
- coal owner: means a person vested with an undivided fractional fee simple interest or other freehold interest in coal contained within the coal land. See Indiana Code 32-23-12-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Trustee: A person or institution holding and administering property in trust.
(1) declare a trust in the coal land;
(2) appoint without a bond a trustee for all persons owning an interest in the coal land who are not plaintiffs or the lessor of the plaintiffs under a valid and subsisting coal lease; and
(3) authorize the trustee to sell, execute, and deliver a valid lease on the coal land on behalf of each defendant on terms and conditions approved by the circuit court as provided in this chapter.
(c) A lease created under this chapter continues after the termination of the trust, unless the lease has expired by its own terms.
As added by P.L.94-2009, SEC.1.
