reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 5. Uniform Conservation Easement Act › 32-23-5-3. "Holder"

Sec. 3. As used in this chapter, "holder" means any of the following:
(1) A governmental body that is empowered to hold an interest in real property under the laws of Indiana or the United States.
(2) A charitable corporation, charitable association, nonprofit corporation, or charitable trust, the purposes or powers of which include:
(A) retaining or protecting the natural, scenic, or open space values of real property;
(B) assuring the availability of real property for agricultural, forest, recreational, or open space use;
(C) protecting natural resources;
(D) protecting property bordering lakes;
(E) maintaining or enhancing air or water quality; or
(F) preserving the historical, architectural, archeological, or cultural aspects of real property.
[Pre-2002 Recodification Citation: 32-5-2.6-1 part.]
As added by P.L.2-2002, SEC.8. Amended by P.L.49-2013, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 5. Uniform Conservation Easement Act › 32-23-5-4. "Third Party Right of Enforcement"

Sec. 4. As used in this chapter, "third party right of enforcement" means a right that is:
(1) provided in a conservation easement to enforce any of the conservation easement's terms; and
(2) granted to a governmental body, charitable corporation, charitable association, or charitable trust that is eligible to be a holder but is not a holder.
[Pre-2002 Recodification Citation: 32-5-2.6-1 part.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 5. Uniform Conservation Easement Act › 32-23-5-5. Creation, Conveyance, etc., of Easements; Acceptance; Recordation; Duration; Rights of Parties and Others Protected

Sec. 5. (a) Except as otherwise provided in this chapter, a conservation easement may be:
(1) created;
(2) conveyed;
(3) recorded;
(4) assigned;
(5) released;
(6) modified;
(7) terminated; or
(8) otherwise altered or affected;
in the same manner as other easements.
(b) A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.
(c) Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise.
(d) An interest in real property is not impaired by a conservation easement if the interest exists at the time the conservation easement is created, unless the owner of the interest is a party to the conservation easement or consents to the conservation easement.
[Pre-2002 Recodification Citation: 32-5-2.6-2.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 5. Uniform Conservation Easement Act › 32-23-5-6. Actions Authorized; Power of Court

Sec. 6. (a) An action that affects a conservation easement may be brought by:
(1) an owner of an interest in the real property burdened by the easement;
(2) a holder of the easement;
(3) a person having a third party right of enforcement; or
(4) a person authorized by other law.
(b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity, or the termination of a conservation easement by agreement of the grantor and grantee.
[Pre-2002 Recodification Citation: 32-5-2.6-3.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 5. Uniform Conservation Easement Act › 32-23-5-7. Validity of Conservation Easements

Sec. 7. A conservation easement is valid even though:
(1) the conservation easement is not appurtenant to an interest in real property;
(2) the conservation easement can be or has been assigned to another holder;
(3) the conservation easement is not of a character that has been recognized traditionally at common law;
(4) the conservation easement imposes a negative burden;
(5) the conservation easement imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) the benefit does not touch or concern real property; or
(7) there is no privity of estate or of contract.
[Pre-2002 Recodification Citation: 32-5-2.6-4.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 5. Uniform Conservation Easement Act › 32-23-5-8. Taxation

Sec. 8. For the purposes of IC 6-1.1, real property that is subject to a conservation easement shall be assessed and taxed on a basis that reflects the easement.
[Pre-2002 Recodification Citation: 32-5-2.6-7.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 6. Easements: Wpa Projects › 32-23-6-1. Release of Easements

Sec. 1. If:
(1) a landowner in Indiana has had a pond or lake built on the landowner's real estate by the federal Works Progress Administration; and
(2) as a requisite to the building of the pond or lake, the landowner has given a lease in writing to the state relative to the building, upkeep, and use of the pond or lake;
the department of natural resources may, upon application in writing to the department of natural resources, release any easement the state may have to the real estate.
[Pre-2002 Recodification Citation: 32-5-6-1(a).]
As added by P.L.2-2002, SEC.8. Amended by P.L.86-2018, SEC.224.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 6. Easements: Wpa Projects › 32-23-6-2. Release of Easements; Recording

Sec. 2. A release under section 1 of this chapter may be filed with the recorder of the county in which the real estate is situated and recorded in the miscellaneous record in the recorder's office.
[Pre-2002 Recodification Citation: 32-5-6-1(b).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-0.3. "Coal Bed Methane"

Sec. 0.3. As used in this chapter, "coal bed methane" has the meaning set forth in IC 14-8-2-42.2.
As added by P.L.140-2011, SEC.18.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-0.4. "Coal Bed Methane Estate in Land"

Sec. 0.4. (a) As used in this chapter, "coal bed methane estate in land" means the aggregate of all rights in land that affect the coal bed methane:
(1) in the land;
(2) on the land;
(3) under the land; or
(4) that may be taken from beneath the surface of the land.
(b) The term includes the following:
(1) The right to produce coal bed methane for commercial use or sale.
(2) The appurtenant right to use the surface overlying the coal bed methane for coal bed methane operations.
As added by P.L.140-2011, SEC.19.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-0.5. "Coal Bed Methane Production Area"

Sec. 0.5. (a) As used in this chapter, "coal bed methane production area" means the area of land determined by the operator in which multiple wells are drilled for a common production purpose.
(b) A coal bed methane production area need not be part of a unit or other area in which production is pooled.
As added by P.L.140-2011, SEC.20.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-0.8. "Commercially Minable Coal Resource"

Sec. 0.8. As used in this chapter, "commercially minable coal resource" has the meaning set forth in IC 14-8-2-47.
As added by P.L.140-2011, SEC.21.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-1. "Oil and Gas"

Sec. 1. (a) As used in this chapter, "oil and gas" means petroleum and mineral oils and gaseous substances of whatever character naturally lying or found beneath the surface of land.
(b) The term does not include coal bed methane.
[Pre-2002 Recodification Citation: 32-5-7-1(a).]
As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.22.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-2. "Oil and Gas Estate in Land"

Sec. 2. As used in this chapter, "oil and gas estate in land" means the aggregate of all rights in land that affect the oil and gas in, on, under, or that may be taken from beneath the surface of the land.
[Pre-2002 Recodification Citation: 32-5-7-1(b).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-2.5. "Operations for Coal Bed Methane"

Sec. 2.5. As used in this chapter, "operations for coal bed methane", unless otherwise indicated by the context of this chapter, means:
(1) the exploration, surveying, or testing of land for coal bed methane;
(2) other investigation of the potential of land for coal bed methane production;
(3) the actual drilling or preparation for drilling of wells for coal bed methane;
(4) the stimulation of coal bed methane production by hydrofracturing or otherwise;
(5) the collection and transportation by pipeline of coal bed methane from:
(A) the land; or
(B) nearby land that is a part of a coal bed methane production area that includes the land; or
(6) any other actions directed toward the eventual production or attempted production of coal bed methane from the land.
As added by P.L.140-2011, SEC.23.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-3. "Operations for Oil and Gas"

Sec. 3. As used in this chapter, "operations for oil and gas", unless otherwise indicated by the context of this chapter, means:
(1) the:
(A) exploration;
(B) testing;
(C) surveying; or
(D) other investigation;
of the potential of the land for oil and gas;
(2) the actual drilling or preparations for drilling of wells for oil and gas on the land; or
(3) any other actions directed toward the eventual production or attempted production of oil and gas from the land.
[Pre-2002 Recodification Citation: 32-5-7-1(e).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-4. "Person in Interest"

Sec. 4. (a) As used in this chapter, "person in interest" means:
(1) if used in reference to an oil and gas estate in land, the owner of a beneficial interest in the oil and gas estate in land; or
(2) if used in reference to a coal bed methane estate in land, the owner of a beneficial interest in the coal bed methane estate in land;
whether the interest is held for life, for a term of years, or in fee.
(b) The term includes a lessee, licensee, or duly qualified agent of the owner.
(c) The term does not include a mortgagee or security assignee of the owner if the mortgagee or security assignee does not have a right to the control or operation of the premises for:
(1) if used in reference to an oil and gas estate in land, oil and gas; or
(2) if used in reference to a coal bed methane estate in land, coal bed methane.
[Pre-2002 Recodification Citation: 32-5-7-1(c).]
As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.24.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-5. "Surface Rights"

Sec. 5. As used in this chapter, "surface rights" means all rights relating to the occupancy, user, or ownership of the surface of land affected by this chapter.
[Pre-2002 Recodification Citation: 32-5-7-1(d).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-6.5. Notice to Surface Owner of Intent to Enter Property

Sec. 6.5. (a) This section does not apply in the event of an emergency entry.
(b) Unless otherwise agreed by the surface owner, a person who is an owner or holder of an oil and gas mineral interest or coal bed methane mineral interest and who wants to enter land for the purpose of surveying a drilling location must provide to the surface owner a written notice of the person's intent to enter the property at least five (5) days before the person's entry.
(c) The written notice under subsection (b) may be given by personal delivery or by certified mail:
(1) to the last known address of each person who is liable for any property taxes on the property as shown on the tax duplicate; or
(2) to the last known address of the most recent owner of the property shown in the transfer book.
As added by P.L.140-2011, SEC.26. Amended by P.L.6-2012, SEC.210.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-7. Interests Created; Title; Alienability

Sec. 7. (a) This section applies to the following:
(1) Interests in oil and gas.
(2) Interests in coal bed methane.
(b) An interest referred to in subsection (a) in, on, under, or that may be taken from beneath the surface of land located in Indiana may be created:
(1) for life;
(2) for a term of years; or
(3) in fee;
in the manner and to the extent that other interests in real estate and title are created.
(c) Title to the estates specified under subsection (b) may be vested in one (1) or more persons by:
(1) sole ownership;
(2) tenancy in common;
(3) joint tenancy;
(4) tenancy by the entireties; or
(5) another manner recognized under Indiana law.
(d) Interests or estates specified in this section are freely alienable, in whole or in part, in the same manner as are other interests in real estate.
[Pre-2002 Recodification Citation: 32-5-7-3.]
As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.27.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 7. Oil and Gas: Estates in Land › 32-23-7-8. Contract Rights Not Limited; Legislative Intent; Regulation of Industry; Construction of Law

Sec. 8. (a) This chapter does not limit the rights of parties to contract with regard to an oil and gas estate or a coal bed methane estate in land affecting lands in Indiana:
(1) to the extent permitted by; and
(2) in a manner consistent with;
the nature of the estate in law as specified under this chapter.
(b) This chapter does not affect the rights or powers of any commission, board, or authority duly constituted for the regulation of the oil and gas industry or the coal bed methane industry in Indiana.
[Pre-2002 Recodification Citations: 32-5-7-4; 32-5-7-5; 32-5-7-6.]
As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.28.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 8. Oil and Gas: Cancellation of Contracts and Leases for Oil and Gas › 32-23-8-1. Lapse of Rental Payment; Nonproduction or Nondevelopment of Lease

Sec. 1. Leases for oil and gas that are recorded in Indiana are void:
(1) after a period of one (1) year has elapsed since:
(A) the last payment of rentals on the oil and gas lease as stipulated in the lease or contract; or
(B) operation for oil or gas has ceased, both by the nonproduction of oil or gas and the nondevelopment of the lease; and
(2) upon the written request of the owner of the land, accompanied by the affidavit of the owner stating that:
(A) no rentals have been paid to or received by the owner or any person, bank, or corporation in the owner's behalf for a period of one (1) year after they have become due; and
(B) the leases and contracts have not been operated for the production of oil or gas for one (1) year.
[Pre-2002 Recodification Citation: 32-5-8-1 part.]
As added by P.L.2-2002, SEC.8. Amended by P.L.86-2018, SEC.225.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 8. Oil and Gas: Cancellation of Contracts and Leases for Oil and Gas › 32-23-8-2. Certification of Invalidity of Lease; Recording

Sec. 2. (a) The recorder of the county in which real estate described in section 1 of this chapter is situated shall certify upon the face of the record of the oil and gas lease that:
(1) the leases and contracts are invalid and void by reason of nonpayment of rentals; and
(2) the oil and gas lease is canceled of record.
(b) The request and affidavit shall be recorded in the miscellaneous records of the recorder's office.
[Pre-2002 Recodification Citation: 32-5-8-1 part.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 8. Oil and Gas: Cancellation of Contracts and Leases for Oil and Gas › 32-23-8-3. Payment of Rent; Void Cancellation

Sec. 3. If, at any time after the cancellation of a lease and contract and within the term provided in the lease or contract, the lessee submits to the recorder:
(1) a receipt or a canceled check, or an affidavit, showing that the rental has been paid; or
(2) an affidavit that:
(A) the lease has been operated within a period of one (1) year before the cancellation, as stipulated in the lease or contract; and
(B) the affidavit of the lessor provided under this chapter is false or fraudulent;
the cancellation is void, and the recorder shall so certify at the place where the cancellation of the lease and contract has been entered.
[Pre-2002 Recodification Citation: 32-5-8-1 part.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 8. Oil and Gas: Cancellation of Contracts and Leases for Oil and Gas › 32-23-8-4. Appeal of Cancellation of Lease

Sec. 4. The owner of a lease that is canceled by a county recorder under this chapter may, not more than six (6) months after the date of cancellation of the lease, appeal the order and record of cancellation in the circuit court, superior court, or probate court of the county in which the land is located.
[Pre-2002 Recodification Citation: 32-5-8-1 part.]
As added by P.L.2-2002, SEC.8. Amended by P.L.84-2016, SEC.141.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 9. Oil and Gas: Purchase of and Payment for Crude Oil › 32-23-9-1. Time for Payment

Sec. 1. A person, firm, limited liability company, or corporation that purchases crude oil that is pumped from an oil well in Indiana shall pay for the crude oil:
(1) not more than sixty (60) days after the date of the examination and approval of abstracts of title that are furnished by owners of interests and that show good title in the owners of interests; and
(2) after the purchasers have received executed division orders from the owners of interests.
[Pre-2002 Recodification Citation: 32-5-9-1 part.]
As added by P.L.2-2002, SEC.8. Amended by P.L.86-2018, SEC.226.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 9. Oil and Gas: Purchase of and Payment for Crude Oil › 32-23-9-2. Time for Payment; Interest Rate

Sec. 2. If a person, firm, limited liability company, or corporation described in section 1 of this chapter:
(1) fails to pay for the crude oil:
(A) not more than sixty (60) days after the date of the examination and approval of title; and
(B) after the purchasers have received executed division orders from the owners of interests; or
(2) has failed to notify the known claimants of an interest of the purchaser's reason for nonpayment to the claimants of an interest;
the purchaser shall pay interest at the rate of six percent (6%) per year on the unpaid balance from the date on which the purchaser was required to pay for the crude oil under this chapter to the date of payment.
[Pre-2002 Recodification Citation: 32-5-9-1 part.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-1. "Mineral Interest" Defined

Sec. 1. As used in this chapter, "mineral interest" means the interest that is created by an instrument that transfers, by:
(1) grant;
(2) assignment;
(3) reservation; or
(4) otherwise;
an interest of any kind in coal, oil and gas, and other minerals.
[Pre-2002 Recodification Citation: 32-5-11-2.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-2. Statement of Claims; Filing; Reversion

Sec. 2. An interest in coal, oil and gas, and other minerals, if unused for a period of twenty (20) years, is extinguished and the ownership reverts to the owner of the interest out of which the interest in coal, oil and gas, and other minerals was carved. However, if a statement of claim is filed in accordance with this chapter, the reversion does not occur.
[Pre-2002 Recodification Citation: 32-5-11-1.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-3. Presumption of Use

Sec. 3. (a) A mineral interest is considered to be used when:
(1) minerals are produced under the mineral interest;
(2) operations are conducted on the mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances;
(3) rentals or royalties are paid by the owner of the mineral interest for the purpose of delaying or enjoying the use or exercise of the rights;
(4) a use described in subdivisions 1 through 3 is carried out on a tract with which the mineral interest may be unitized or pooled for production purposes;
(5) in the case of coal or other solid minerals, there is production from a common vein or seam by the owners of the mineral interest; or
(6) taxes are paid on the mineral interest by the owner of the mineral interest.
(b) A use under or authorized by an instrument that creates a mineral interest continues in force all rights granted by the instrument.
[Pre-2002 Recodification Citation: 32-5-11-3.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-4. Statement of Claim; Filing; Time

Sec. 4. (a) The statement of claim under section 2 of this chapter must:
(1) be filed by the owner of the mineral interest before the end of the twenty (20) year period set forth in section 2 of this chapter; and
(2) contain:
(A) the name and address of the owner of the mineral interest; and
(B) a description of the land on or under which the mineral interest is located.
(b) A statement of claim described in subsection (a) must be filed in the office of the recorder of deeds in the county in which the land is located.
(c) Upon the filing of a statement of claim within the time provided in this section, the mineral interest is considered to be in use on the date the statement of claim is filed.
[Pre-2002 Recodification Citation: 32-5-11-4.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-5. Statement of Claim; Failure to File

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;
(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.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-6. Notice; Lapse of Interest

Sec. 6. (a) A person who succeeds to the ownership of a mineral interest may, upon the lapse of the mineral interest, give notice of the lapse of the mineral interest by:
(1) publishing notice in a newspaper of general circulation in the county in which the mineral interest is located; and
(2) if the address of the mineral interest owner is shown of record or can be determined upon reasonable inquiry, by mailing, not more than ten (10) days after publication, a copy of the notice to the owner of the mineral interest.
(b) The notice required under subsection (a) must state:
(1) the name of the owner of the mineral interest, as shown of record;
(2) a description of the land; and
(3) the name of the person giving the notice.
(c) If a copy of the notice required under subsection (a) and an affidavit of service of the notice are promptly filed in the office of the recorder in the county where the land is located, the record is prima facie evidence in a legal proceeding that notice was given.
[Pre-2002 Recodification Citation: 32-5-11-6.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-7. Dormant Mineral Interest Record

Sec. 7. Upon the filing of the statement of claim specified in section 4 of this chapter or the proof of service of notice specified in section 6 of this chapter in the recorder's office for the county where a mineral interest is located, the recorder shall:
(1) record the filing in a book to be kept for that purpose, to be known as the "dormant mineral interest record"; and
(2) indicate by marginal notation on the instrument creating the original mineral interest the filing of the statement of claim or affidavit of publication and service of notice.
[Pre-2002 Recodification Citation: 32-5-11-7.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 10. Lapse of Mineral Interest › 32-23-10-8. Waiver

Sec. 8. The provisions of this chapter may not be waived at any time before the expiration of the twenty (20) year period provided in section 2 of this chapter.
[Pre-2002 Recodification Citation: 32-5-11-8.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-1. Nonapplicability of Chapter

Sec. 1. This chapter does not apply to a railroad right-of-way that is abandoned as part of a demonstration project for the relocation of railroad lines from the central area of a city as provided under Section 163 of the Federal-Aid Highway Act of 1973 (P.L.93-87, Title I, Section 163).
[Pre-2002 Recodification Citation: 32-5-12-1.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-2. "Public Utility" Defined

Sec. 2. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-8.5-1.
[Pre-2002 Recodification Citation: 32-5-12-2.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-3. "Railroad" Defined

Sec. 3. (a) As used in this chapter, "railroad" refers to a railroad company.
(b) The term includes a person to whom any part of a right-of-way was transferred under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
[Pre-2002 Recodification Citation: 32-5-12-3.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-4. "Right-of-Way" Defined

Sec. 4. (a) As used in this chapter, "right-of-way" means a strip or parcel of real property in which a railroad has acquired an interest for use as a part of the railroad's transportation corridor.
(b) The term does not refer to any real property interest in the strip or parcel.
[Pre-2002 Recodification Citation: 32-5-12-4.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-5. "Right-of-Way Fee" Defined

Sec. 5. "Right-of-way fee" refers to the fee simple interest in the real property through which a right-of-way runs.
[Pre-2002 Recodification Citation: 32-5-12-5.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-6. Abandoned Right-of-Way

Sec. 6. (a) Except as provided in subsection (b) and in sections 7 and 8 of this chapter, a right-of-way is considered abandoned if any of subdivisions (1) through (3) apply:
(1) Before February 28, 1920, both of the following occurred:
(A) The railroad discontinued use of the right-of-way for railroad purposes.
(B) The rails, switches, ties, and other facilities were removed from the right-of-way.
(2) After February 27, 1920, both of the following occur:
(A) The Interstate Commerce Commission or the United States Surface Transportation Board issues a certificate of public convenience and necessity relieving the railroad of the railroad's common carrier obligation on the right-of-way.
(B) The earlier of the following occurs:
(i) Rails, switches, ties, and other facilities are removed from the right-of-way, making the right-of-way unusable for continued rail traffic.
(ii) At least ten (10) years have passed from the date on which the Interstate Commerce Commission or the United States Surface Transportation Board issued a certificate of public convenience and necessity relieving the railroad of its common carrier obligation on the right-of-way.
(3) The right-of-way was abandoned under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(b) A right-of-way is not considered abandoned if:
(1) rail service continues on the right-of-way; or
(2) the railroad has entered into an agreement preserving rail service on the right-of-way.
[Pre-2002 Recodification Citation: 32-5-12-6.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-7. Trail Use Condition Imposed

Sec. 7. A right-of-way is not considered abandoned if the Interstate Commerce Commission or the United States Surface Transportation Board imposes on the right-of-way a trail use condition under 16 U.S.C. 1247(d).
[Pre-2002 Recodification Citation: 32-5-12-7.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-8. Sale of Railroad's Interest

Sec. 8. (a) A right-of-way is not considered abandoned if the following conditions are met:
(1) The railroad sells the railroad's rights in the right-of-way before abandoning the right-of-way.
(2) The purchaser of the railroad's rights in the right-of-way is not a railroad.
(3) The purchaser purchases the right-of-way for use by the purchaser to transport goods or materials by rail.
(b) A railroad may discontinue rail service on the right-of-way without abandoning the right-of-way.
[Pre-2002 Recodification Citation: 32-5-12-8.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-9. Size of Interest Conveyed

Sec. 9. If a railroad conveys its interest in a right-of-way, the railroad conveys not more than the interest it holds at the time of the conveyance.
[Pre-2002 Recodification Citation: 32-5-12-9.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-10. Abandoned Interest to Vest in Fee Owner

Sec. 10. (a) This section applies if a railroad does not own the right-of-way fee.
(b) If a railroad abandons its right to a railroad right-of-way, the railroad's interest vests in the owner of the right-of-way fee with a deed that contains a description of the real property that includes the right-of-way.
(c) If a deed described in subsection (b) does not exist, then the railroad's interest vests in the owner of the adjoining fee. The interest of the railroad that vests in the owner of the adjoining fee is for the part of the right-of-way from the center line of the right-of-way to the adjoining property line.
[Pre-2002 Recodification Citation: 32-5-12-10.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-11. Effect of Interest Vesting on Other Easement and License Holders

Sec. 11. (a) The vesting of a railroad's interest under section 10 of this chapter does not divest a valid public utility, communication, cable television, fiber optic, or pipeline easement, license, or legal occupancy if the railroad granted the easement before the date on which the railroad abandoned the right-of-way.
(b) This chapter does not deprive a public utility, communication company, cable television company, fiber optic company, or pipeline company of the use of all or part of a right-of-way if, at the time of abandonment, the company:
(1) is occupying and using all or part of the right-of-way for the location and operation of the company's facilities; or
(2) has acquired an interest for use of all or part of the right-of-way.
(c) This chapter does not do the following:
(1) Limit the right of the owner of a right-of-way fee to demand compensation from a railroad or a utility for the value of an interest taken and used or occupied after abandonment.
(2) Grant to the owner of a right-of-way fee the right to obtain duplicative compensation from a utility or pipeline company for the value of the use of any portion of the right-of-way that is subject to the terms of an agreement previously entered into between the utility or pipeline company and the owner of the right-of-way fee. For purposes of this subdivision, "pipeline" does not include a coal slurry pipeline.
[Pre-2002 Recodification Citation: 32-5-12-11.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-12. Limitation on Commencement of Action

Sec. 12. (a) A person may bring an action to establish full rights of possession of the person's right-of-way fee in any part of a right-of-way that is burdened by an easement for railroad purposes not more than thirty (30) years after the right-of-way is abandoned under this chapter.
(b) A person may commence an action to establish the person's ownership of a right-of-way fee in any part of a right-of-way by enforcing a possibility of reverter or a right of entry under IC 32-17-10.
[Pre-2002 Recodification Citation: 32-5-12-12.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-13. Determination of Ownership

Sec. 13. Except as provided in section 14 of this chapter, the ownership of a right-of-way fee is determined under the same principles that fee simple ownership in property is otherwise determined under Indiana law.
[Pre-2002 Recodification Citation: 32-5-12-13.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-14. Adverse Possessions or Prescriptive Easements Not Establishing Title or Rights to Property

Sec. 14. For purposes of this chapter, the following are not adverse possessions or prescriptive easements to the owner and do not establish title or rights to the real property:
(1) Possession of a right-of-way by a nonrailroad purchaser under section 8 of this chapter.
(2) Possession of a right-of-way by a public utility or under a communication, cable television, fiber optic, or pipeline easement, license, or legal occupancy under section 11 of this chapter.
(3) Possession of a right-of-way by a responsible party (as defined in IC 8-4.5-1-17).
[Pre-2002 Recodification Citation: 32-5-12-14.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 11. Abandoned Railroad Rights-of-Way › 32-23-11-15. Easement of Necessity

Sec. 15. If a railroad owns a right-of-way fee that becomes landlocked after the right-of-way is abandoned, the railroad retains an easement of necessity in the abandoned right-of-way:
(1) from the landlocked property to the nearest public highway, road, or street; and
(2) to the extent necessary to reach and use the landlocked fee interest for its intended purpose.
[Pre-2002 Recodification Citation: 32-5-12-15.]
As added by P.L.2-2002, SEC.8.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.