Indiana § 32-23-10-3 Presumption of use

Indiana Statutes

§ 32-23-10-3 — Presumption of use

Indiana·Title 32 PROPERTY·Art. 23 CONVEYANCE OF PROPERTY INTERESTS·Ch. 10 Lapse of Mineral Interest

(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 authoriz

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(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.]