Sec. 11. (a) After the entry of the initial
judgment authorizing a
lease under this chapter, all subsequent proceedings that concern the land and the mineral interest involved in the initial
litigation, including:
(1) subsequent leasing proceedings;
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Terms Used In Indiana Code 32-23-13-11
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Trustee: A person or institution holding and administering property in trust.
(3) proceedings by a claimant of lease payments paid to the clerk;
must be commenced in the same court as the proceedings for the initial lease.
(b) The acting trustee at the time of any subsequent proceedings under subsection (a) shall act as the trustee in the subsequent proceedings. The court retains continuing jurisdiction over any subsequent proceedings.
(c) After the entry of the initial judgment authorizing a lease under this chapter, any record owner of the overlying surface land must be notified by certified mail not less than thirty (30) days in advance of all subsequent proceedings that concern the land and the mineral interest involved in the initial litigation, including:
(1) subsequent leasing proceedings;
(2) proceedings by the trustee requesting authority to execute and deliver additional documents pertaining to a lease; and
(3) proceedings by a claimant of lease payments paid to the clerk.
As added by P.L.28-2015, SEC.1.
