reglab/housing_qa huggingface dataset:
IN Code § 32-23-12-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-1. Exemptions From Chapter

Sec. 1. This chapter does not do the following:(1) Provide an exclusive basis by which a joint owner in coal or a lessee of the coal owner may enjoy their estate in the coal land.(2) Diminish the rights of a joint owner of coal or a lessee of the coal owner under common law.(3) Diminish the appurtenant rights of a coal owner.(4) Prohibit a joint owner from filing a petition for partition under IC 32-17-4, provided that the petition for partition is filed in accordance with and subject to IC 32-23-12-9(d).(5) Prohibit any entity with eminent domain powers from acquiring all or a portion of the coal land by exercise of eminent domain powers.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-2 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-2. "Coal Land"

Sec. 2. As used in this chapter, "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.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-3 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-3. "Coal Owner"

Sec. 3. As used in this chapter, "coal owner" means a person vested with an undivided fractional fee simple interest or other freehold interest in coal contained within the coal land. However, the term does not include a person with only a leasehold, easement, or right-of-way interest in the coal land.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-4 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-4. "Joint Owner"

Sec. 4. As used in this chapter, "joint owner" means a person who is a joint tenant, a tenant in common, a tenant by the entirety, or other person who is a coal owner of less than one hundred percent (100%) of an undivided interest in all the coal within the coal land that is sought to be developed.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-5. Court Proceedings

Sec. 5. A proceeding under this chapter must be brought in the circuit or superior court of the county:(1) where the coal land sought to be affected is entirely located; or(2) if the coal land is located in more than one (1) county, the county where the major part of the coal land is located.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-6 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-6. Authority to Remove Coal; Authority of Court; Length of Lease

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.(b) The circuit or superior court of the county in which the coal land or the major part of the coal land lies may:(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.
IN Code § 32-23-12-7 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-7. Appointment of Trustee

Sec. 7. Proceedings for the appointment of a trustee may be instituted by any person who is:(1) a coal owner of the coal sought to be developed; or(2) vested with a valid and subsisting coal lease, if the lessor is a person described in subdivision (1).As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-9 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-9. Duties of Trustee; Review of Lease; Petition for Partition

Sec. 9. (a) The trustee shall:(1) enter into negotiations with the plaintiff;(2) execute a coal lease in favor of the plaintiff covering the interest of the defendant that reflects the findings and judgment of the circuit or superior court; and(3) promptly prepare and file a report of the coal lease stating the terms of the lease and the payments received for the lease and give notice to all parties appearing of record.(b) The circuit or superior court shall review the coal lease under subsection (a) to determine if the sale is in accordance with the court's findings and judgment. If the circuit or superior court approves the sale of the coal lease, the court shall:(1) issue an order confirming the sale; and(2) issue an order terminating the trust.(c) If, before an order confirming the lease pursuant to subsection (b) is issued, a party to the proceedings files, in accordance with subsection (d), a petition for partition under IC 32-17-4 applicable to the coal land, whether solely for the coal estate or for estates in the subject land in addition to and including the coal estate, the proceedings under this chapter shall be stayed during the pendency of the proceeding initiated under IC 32-17-4, and upon any final order of partition or sale in that procceding, the proceedings under this chapter shall be terminated.(d) Any petition for partition under IC 32-17-4 applicable to the coal land filed during the pendency of any petition filed under this chapter shall be filed in the same court exercising jurisdiction over the petition filed under this chapter. If any defendant in a proceeding under this chapter files during the pendency of any proceeding under this chapter a petition for partition under IC 32-17-4 applicable to the coal land, and the petition for partition is subsequently dismissed or terminated prior to a final order of partition or sale, the same defendant may not refile a subsequent petition for partition applicable to the coal land under IC 32-17-4 until the proceedings under this chapter are concluded.(e) If a petition for partition is filed under IC 32-17-4 after an order confirming a lease pursuant to subsection (b) has been issued, any land partitioned or sold shall be partitioned or sold subject to the lease.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-10 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-10. Lease Payments

Sec. 10. Any payment that is owed to a defendant under a coal lease executed by the trustee must be paid by the plaintiff directly to the defendant.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-11 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-11. Sale and Execution of Coal Lease

Sec. 11. The sale of and execution of any coal lease under this chapter is binding concerning the interest in the coal and the right to mine and remove the coal owned by any defendant to the action in the same manner as if the defendant had personally signed and delivered the lease. The coal lease is binding on the heirs, legatees, personal representatives, successors, and assigns of the defendant.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-12 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-12. Successor Trustee; Subsequent Proceedings

Sec. 12. (a) If a trustee:(1) dies or resigns; or(2) refuses or is unable to act;the circuit or superior court shall, upon either the court's motion or the motion of a plaintiff, appoint a successor trustee.(b) After the entry of the initial judgment authorizing a lease, all subsequent proceedings pertaining to the coal land and the coal interest involved in the initial litigation, including subsequent leasing proceedings or proceedings by the trustee requesting authority to execute and deliver additional documents pertaining to a coal lease, must be commenced in the same court as the proceedings for the initial lease. The acting trustee at the time of any subsequent proceedings shall act as the trustee in the subsequent proceedings. The circuit or superior court retains continuing jurisdiction over any subsequent proceedings.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-13 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-13. Court Costs

Sec. 13. The court costs related to the proceedings allowed under this chapter must be paid by the plaintiff.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-12-14 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 12. Coal: Estates in Land|32-23-12-14. Conveying Marketable Title of Lease

Sec. 14. This chapter shall be liberally construed so that any lease issued under this chapter conveys marketable title.As added by P.L.94-2009, SEC.1.
IN Code § 32-23-13-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-1. "Adjacent Mineral Producer"

Sec. 1. As used in this chapter, "adjacent mineral producer" means a person that:(1) is engaged in the production, development, or future development of at least one (1) mineral, including coal, oil, gas, or another mineral in solid, liquid, or gaseous form; and(2) owns or leases a property interest in:(A) the mineral estate adjacent to, adjoining, or contiguous to the mineral interest of an unknown or missing owner;(B) a portion of the mineral estate adjacent to, adjoining, or contiguous to the mineral interest of an unknown or missing owner; or(C) an area that the person seeks to develop that is within the boundaries of a proposed production unit established by spacing regulations of the division of oil and gas.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-2 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-2. "Mineral Interest of an Unknown or Missing Owner"

Sec. 2. As used in this chapter, "mineral interest of an unknown or missing owner" means:(1) the mineral estate in land; or(2) any portion of the mineral estate in land;that is owned by an unknown or missing owner.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-3 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-3. "Unknown or Missing Owner"

Sec. 3. (a) As used in this chapter, "unknown or missing owner" means a person:(1) vested of record or by operation of IC 32-23-10 with a property interest in:(A) a mineral estate in land; or(B) a portion of a mineral estate in land; and(2) whose identity or location cannot be determined:(A) from the records in the chain of title in the county in which the land is located;(B) by diligent inquiry in the vicinity of the record owner's last known place of residence or location; and(C) from a search of tax records in the county in which the property is located.(b) The term includes the person's heirs and devisees and successors and assigns.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-4 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-4. Mineral Interest of an Unknown or Missing Owner; Lease to Produce or Develop

Sec. 4. An adjacent mineral producer that:(1) brings an action under; and(2) meets the requirements of;this chapter may produce and develop all or part of a mineral interest of an unknown or missing owner under a lease entered into under this chapter.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-5. Venue

Sec. 5. An action brought under this chapter by an adjacent mineral producer must be brought in the circuit court or superior court of the county:(1) in which the land that contains the mineral interest of an unknown or missing owner sought to be affected is entirely located; or(2) if the land is located in more than one (1) county:(A) the county where the largest part of the land is located; or(B) if equal parts of the land are in multiple counties, in any county that contains an equal part of the land.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-6 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-6. Action; Requirements; Guardian Ad Litem

Sec. 6. (a) An adjacent mineral producer that brings an action under this chapter must do the following:(1) Name the following as respondents:(A) The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the last owners of record.(B) If record title to the mineral interest of an unknown or missing owner has been severed of record from ownership of the overlying surface land, the record owner of the overlying surface land. Any person named in this subdivision must be sent notice of the action by certified mail.(2) File a verified petition with the court that sets forth the following:(A) A statement that specifies the mineral that the petitioner seeks to develop in the subject land.(B) The petitioner's request that a trustee be appointed to execute a lease granting the petitioner the right to produce and develop from the subject mineral interest of the unknown or missing owner a mineral of the type produced by the adjacent mineral producer.(C) The legal description of the mineral interest of the unknown or missing owner.(D) The interest of the petitioner in the land adjacent to, adjoining the subject land, or within the production unit established by the division of oil and gas.(E) The apparent interest of each respondent in the applicable mineral sought to be produced and developed within the subject land.(F) A verified statement that informs the court of the actions the petitioner has taken to identify and locate the unknown or missing owner or the owner's heirs, devisees, successors, and assigns.(b) The Indiana Rules of Trial Procedure govern an action under this chapter to make an unknown or missing person a respondent. Legal service on a respondent who is unknown or missing may be made by publication.(c) The court shall appoint a guardian ad litem for any respondent to the proceeding who is:(1) a ward of the state or a ward to another person; or(2) less than eighteen (18) years of age and is not represented by a parent.(d) If it appears to the court that a person who is not in being, but, upon coming into being, is or may be entitled to any interest in the land sought to be leased, the court shall appoint a guardian ad litem to appear for and represent the interest in the proceeding and to defend the proceeding on behalf of the person not in being. A judgment or order entered by the court in a proceeding under this chapter is effective against the person not in being.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-7 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-7. Court Determinations; Trustee Appointment

Sec. 7. (a) The court shall receive evidence and hear testimony concerning:(1) the matters in the adjacent mineral producer's petition; and(2) the prevailing terms of similar mineral leases of the type sought by the petitioner obtained in the vicinity of the land in the petition, including the length of the lease term, bonus money, delay rentals, royalty rates, and other forms of lease payments.(b) If the court determines that the material allegations of the petition are true and that there has been compliance with the required notice provisions, the court:(1) shall enter an order determining the interest of each respondent in the mineral interest sought to be leased; and(2) may:(A) declare a trust in the mineral interest of the unknown or missing owner;(B) appoint, without a bond, a trustee for the unknown or missing owner; and(C) authorize the trustee to execute a valid mineral lease:(i) with the adjacent mineral producer concerning the type of mineral developed by the adjacent mineral producer on the mineral interest of the unknown or missing owner; and(ii) on terms and conditions approved by the court.(c) The court's judgment appointing a trustee and authorizing the execution of a lease must specify the minimum terms that may be accepted by the trustee. The terms must be substantially consistent with the terms of other similar mineral leases obtained in the vicinity as determined by the court.(d) The court shall determine a reasonable fee to be paid to the trustee. The trustee's fee, including reasonable attorney's fees and costs of the proceeding, shall be paid by the adjacent mineral producer petitioner. Any other court costs related to the proceedings under this chapter shall be paid by the petitioner. However, each party shall pay its costs associated with issues arising under section 8 of this chapter.(e) If a trustee:(1) dies or resigns; or(2) refuses or is unable to act;the court, upon the court's motion or the motion of the petitioner, shall appoint a successor trustee.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-8 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-8. Additional Court Proceedings

Sec. 8. (a) In proceedings under this chapter, the court may do the following:(1) Investigate and determine questions of conflicting or controverted titles.(2) Remove invalid and inapplicable encumbrances from the title to the subject land.(3) Establish and confirm the title to the subject mineral estate in land or the right to produce and develop the mineral from any of the subject land.(b) The court may authorize the execution of a lease under this chapter before any matters under subsection (a) have been determined.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-9 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-9. Trustee Duties; Lease

Sec. 9. (a) The trustee shall do the following:(1) Enter into negotiations with the adjacent mineral producer petitioner.(2) Execute a mineral lease in favor of the petitioner covering the interest of the respondents that reflects the findings and judgment of the court.(3) Promptly prepare and file a report of the mineral lease with the court that states the terms of the lease and the payments received for the lease.(4) Give notice of the report of the mineral lease to all parties appearing of record.(b) The court shall review the mineral lease under subsection (a) to determine if the lease is in accordance with the court's findings and judgment. If the court approves the mineral lease, the court shall:(1) issue an order confirming the lease; and(2) issue an order terminating the trust.(c) A lease created under this section continues after the termination of the trust unless the lease expires by its own terms.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-11 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-11. Subsequent Court Proceedings

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;(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;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.
IN Code § 32-23-13-12 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-12. Application of Lease

Sec. 12. (a) The lease of a mineral interest and execution of any lease under this chapter is binding concerning the interest in the mineral and the right to produce and develop the mineral owned by any respondent to the action in the same manner as if the respondent personally had signed and delivered the lease.(b) The mineral lease is binding on the heirs, legatees, personal representatives, successors, and assigns of the respondents.(c) A person who may have a contingent or future interest in the mineral interest of an unknown or missing owner is bound by the judgment entered in the proceedings under this chapter.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-13 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-13. Marketable Title

Sec. 13. This chapter shall be construed so that any lease issued under this chapter conveys marketable title.As added by P.L.28-2015, SEC.1.
IN Code § 32-23-13-14 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 13. Mineral Estates of Unknown or Missing Owners|32-23-13-14. Additional Remedies

Sec. 14. The remedies provided in this chapter are not exclusive and do not prohibit the initiation of a petition for the integration of oil and gas interest as provided in IC 14-37-9, including the integration of interests of missing or unknown owners.As added by P.L.28-2015, SEC.1.
IN Code § 32-24-1-1 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-1. "Condemnor" Defined

Sec. 1. As used in section 5 of this chapter, "condemnor" means any person authorized by Indiana law to exercise the power of eminent domain.[Pre-2002 Recodification Citation: 32-11-1-2.1 part.]As added by P.L.2-2002, SEC.9.