§ 32-23-12-6 — Authority to remove coal; authority of court; length of lease

(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.

Legislative History

As added by P.L.94-2009, SEC.1.