§ 32-23-10-5 — Statement of claim; failure to file

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.]

Legislative History

As added by P.L.2-2002, SEC.8.