Indiana can reclaim unused mineral rights. A severed interest left idle for 20 years may be extinguished and revert to the surface owner under Ind. Code 32-23-10 (Mineral Lapse Act).
Quick answer: In Indiana, a severed mineral interest is not permanent: it can revert to the surface owner if it goes unused. Indiana's Mineral Lapse Act lets a severed mineral interest unused for 20 years be deemed abandoned and revert to the surface owner. The US Supreme Court upheld it in Texaco v. Short (1982). The governing statute is Ind. Code 32-23-10 (Mineral Lapse Act). To keep it alive, file a statement of claim, or produce or pay rents, royalties, or taxes within 20 years (Ind. Code 32-23-10). If you may sell, confirm the clock has been met first.
Under Indiana law, 20 years of nonuse can cost an owner a severed mineral interest under Ind. Code 32-23-10 (Mineral Lapse Act). As of June 2026.
Indiana's Mineral Lapse Act lets a severed mineral interest unused for 20 years be deemed abandoned and revert to the surface owner. The US Supreme Court upheld it in Texaco v. Short (1982). If the interest goes 20 years without use, a lease, production, or a recorded notice, the surface owner can act, so the practical task is knowing when it was last touched.
Indiana scores 84 out of 100 on the Dormancy Risk Score and ranks number 4 of 51 for how easily an absent owner can lose a severed interest.
Under the Mineral Lapse Act, Ind. Code 32-23-10, use that prevents a lapse includes actual or attempted production of minerals, payment of rents or royalties, and payment of taxes. The owner can also file a statement of claim with the county recorder. An owner of ten or more interests in one county whose claim accidentally omits some has 60 days after notice to cure the omission.
The U.S. Supreme Court upheld Indiana Mineral Lapse Act, holding that a state may extinguish an unused severed mineral interest after 20 years without giving the owner individual advance notice.
Enter the date the interest was last used, such as a sale, lease, recorded filing, drilling permit, or production, to see when it could lapse and exactly what resets the clock.
Forced pooling is available in Indiana, which means a holdout owner can be included in a unit and compensated under the statute instead of stopping a project.
Indiana has a surface damages or surface owner protection act, so where minerals and surface are owned separately an operator owes the surface owner notice and compensation for disturbance.
Yes. A severed mineral interest in Indiana is vulnerable after 20 years of inactivity.
Roughly 20 years of inactivity, after the notice procedure and any chance to preserve the interest.
Yes. Indiana allows forced or compulsory pooling.
File a statement of claim with the county recorder, or within 20 years produce minerals or pay rents, royalties, or taxes (Ind. Code 32-23-10).
American Mineral Registry. Mineral Rights in Indiana. 2026. https://americanmineralregistry.com/research/states/indiana.html
This page is a plain language reference compiled from the state code and published legal analysis. It is general information, not legal advice. Confirm against the current Indiana code or a licensed attorney before acting.