Sec. 10. (a) Any payment that is owed by the adjacent mineral producer petitioner under a mineral lease executed with the trustee shall be paid by the petitioner to the clerk of the court.

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Terms Used In Indiana Code 32-23-13-10

  • adjacent mineral producer: means a person that:

    Indiana Code 32-23-13-1

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • 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.
  • 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.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
     (b) A person that wishes to claim the funds described in subsection (a) must file a verified claim with the court setting out the interest of the claimant and the basis for the claim. A notice of the filing of the claim shall be served on the adjacent mineral producer or the producer’s successors or assigns and any record owner of the overlying surface land. The court shall determine any other persons who shall receive notice of the filing of the claim.

     (c) The court:

(1) shall hear evidence and determine whether the claimant is entitled to the funds and issue an order to the clerk accordingly; and

(2) may determine whether future payments should be made by the petitioner directly to the claimant.

     (d) If a successful claim is not made under this section for the funds within seven (7) years from the clerk’s first receipt of any funds, the clerk shall distribute all the funds received and petitioner shall make any future payments as follows:

(1) If:

(A) record title to the mineral interest has been severed of record from ownership of the overlying surface land; and

(B) the identity and location of the record owner of the overlying surface land has been determined;

the clerk shall distribute the funds and the petitioner shall make any future payments to the record owner of the overlying surface land.

(2) If:

(A) record title to the mineral interest has been severed of record from ownership of the overlying surface land; and

(B) the identity and location of the record owner of the overlying surface land has not been determined;

the clerk shall distribute the funds and the petitioner shall make any future payments to the township trustee of the township in which the subject land is located. If the land is located in more than one (1) township, the distribution of funds shall be made to the township trustees based on the amount of land located in each township. The funds shall be used by the township trustee for township purposes, including, but not limited to, cemetery maintenance.

(3) If:

(A) record title to the mineral estate has not been severed of record from ownership of the overlying surface land; and

(B) the identity and location of the record owner of the overlying surface land has not been determined;

the clerk shall distribute the funds and the petitioner shall make any future payments to the township trustee of the township in which the subject land is located. If the land is located in more than one (1) township, the distribution of funds shall be made to the township trustees based on the amount of land located in each township. The funds shall be used by the township trustees for township purposes, including, but not limited to, cemetery maintenance.

     (e) Thirty (30) days before the record owner of the overlying surface land may file a petition under subsection (a), the clerk of the court shall notify the record owner of the overlying surface land by certified mail that the owner may be entitled to file a petition for the funds.

As added by P.L.28-2015, SEC.1.

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