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

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Terms Used In Indiana Code 32-23-10-6

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • mineral interest: means the interest that is created by an instrument that transfers, by:

    Indiana Code 32-23-10-1

(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.