State law reference
Indiana Dormant Mineral Act
What does the Indiana Dormant Mineral Act say? An interest in coal, oil and gas, or other minerals that is unused for 20 years is extinguished and reverts to the owner of the interest it was carved from, unless a statement of claim is filed before the 20 years run. No court action or prior notice is required; the U.S. Supreme Court upheld the act in Texaco, Inc. v. Short (1982).
Core rule cited Researched and checked by American Mineral Registry against the official text; review completed October 1, 2026. Reference research, not legal advice.
- Rule type
- Dormant mineral statute
- Period
- 20 years
- Ends without a surface owner step
- Yes
- Preservation filing
- Available
- Forced pooling statute
- Statute found
Core rule cited - Surface damages statute
- Statute found
Core rule cited - Deceased or unlocated owner
- Partly checked
How the rule works
Mineral Lapse Act, 20 years, self executing. An interest in coal, oil and gas, or other minerals that is unused for 20 years is extinguished and reverts to the owner of the interest it was carved from, unless a statement of claim is filed before the 20 years run. No court action or prior notice is required; the U.S. Supreme Court upheld the act in Texaco, Inc. v. Short (1982). A late statement of claim saves the interest only for an owner of 10 or more mineral interests in the county who meets diligence and inadvertence conditions and files within 60 days after published notice of the lapse or actual knowledge of it.
What has to happen
None; the interest is extinguished by operation of law. A person who succeeds to the interest may publish notice of the lapse in a county newspaper and, if the owner's address is of record or can be found on reasonable inquiry, mail a copy within 10 days after publication; filing the notice and an affidavit of service with the recorder is prima facie evidence that notice was given (32-23-10-6). The recorder keeps a dormant mineral interest record (32-23-10-7).
What counts as use or preserves the interest
Minerals are produced under the mineral interest
Operations are conducted on the mineral interest for injection, withdrawal, storage or disposal of water, gas or other fluid substances
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
Any of those uses is carried out on a tract with which the mineral interest may be unitized or pooled for production purposes
For coal or other solid minerals, production from a common vein or seam by the owners of the mineral interest
Taxes are paid on the mineral interest by its owner (applied to ad valorem taxes in Westervelt v. Woodcock, Ind. Ct. App., reported by a secondary source)
A statement of claim filed before the 20 years end, treated as use on its filing date (32-23-10-4(c))
A use under or authorized by the instrument creating the interest continues all rights granted by that instrument (32-23-10-3(b))
Preservation filing
Statement of claim filed by the mineral owner with the recorder of the county where the land lies before the end of the 20 year period, containing the owner's name and address and a description of the land on or under which the interest lies (32-23-10-4). The recorder enters it in the dormant mineral interest record and notes it in the margin of the instrument that created the interest (32-23-10-7).
Scope
- Interests covered
- The interest created by an instrument that transfers, by grant, assignment, reservation or otherwise, an interest of any kind in coal, oil and gas, and other minerals (32-23-10-1). Ownership reverts to the owner of the interest out of which the mineral interest was carved.
- Minerals covered
- Coal, oil and gas, and other minerals.
- Exceptions
Late statement of claim allowed only for an owner who held 10 or more mineral interests in the county when the period expired, made a diligent effort to preserve all unused interests, preserved others in the county within 10 years before the period expired, failed to preserve this one through inadvertence, and files within 60 days after published notice of lapse or, if none, within 60 days after actual knowledge (32-23-10-5)
No exclusion for government owned interests is stated in the chapter text read
The chapter may not be waived before the 20 year period expires (32-23-10-8)
- Enactment and amendments
- Enacted in 1971 and effective September 2, 1971, with a 2 year grace period for filing statements of claim (as described in Texaco, Inc. v. Short, 454 U.S. 516 (1982)). Current text added as IC 32-23-10 by P.L.2-2002, SEC.8, with no amendment shown in the 2012 official text; the 2026 official code structure lists the same eight sections and captions.
Dates and what they mean
A last use date plus the statutory period gives only an illustrative anniversary: the first day the nonuse condition could be met if nothing that counts as use happened since. It is not a loss date. Try the dormant mineral rule finder.
The lapse is automatic 20 years after the last use or statement of claim, so a calculator can show that anniversary as an illustration. It cannot see unrecorded uses such as tax payments, rentals or production on pooled tracts, and for periods before September 2, 1971 the 2 year grace period and the Bond v. Templeton Coal limit apply.
Deceased or unlocated owner
Partly checked What the law of Indiana says when the owner of record has died, is unknown, or cannot be found. It sets out the questions; it does not decide who owns an interest, whether a notice was valid, or whether an interest ended.
Why only partly checked. The statutes were read in their 2017 text because the official 2026 code could not be reached; later amendments, Indiana Court of Appeals decisions and the integration chapter (IC 14-37-9) were not read.
Indiana's Mineral Lapse Act (IC 32-23-10) extinguishes a mineral interest unused for 20 years in favor of the interest it was carved from, with no advance notice; the Indiana Supreme Court and the U.S. Supreme Court (Texaco v. Short) held that self executing lapse needs no prior notice, while any court judgment confirming a lapse needs notice reasonably calculated to reach interested parties. The lapse chapter does not mention death or heirs, and its only notice is an optional post lapse publication with mailing where the record owner's address is known or can be found by reasonable inquiry. A separate chapter (IC 32-23-13, 2015) lets an adjacent producer obtain a court appointed trustee lease of the interest of an unknown or missing owner, defined to include heirs and devisees, with funds held by the clerk and paid to the surface owner or township trustee after seven years without a successful claim.
- Owner of record has died
- The lapse chapter does not address death; notices name the owner "as shown of record" (P5). Chapter 13 treats unidentified or unlocatable heirs and devisees of a record owner as unknown or missing owners (P9) and requires naming all reasonably ascertainable heirs (P10).
- Current owner unknown
- The lapse chapter applies regardless of whether the owner is known. Chapter 13 covers an owner whose identity cannot be determined from chain of title records, local inquiry and tax records (P8).
- Owner known but cannot be found
- The lapse chapter requires mailing of the optional post lapse notice only if the address is of record or can be determined upon reasonable inquiry (P4). Chapter 13 treats an owner whose location cannot be determined the same as an unknown owner (P8).
How the nonuse rule treats these owners Statute and court decisions
Self executing lapse after 20 years of nonuse unless a statement of claim is filed; no adjudication or prior notice is required, but a court judgment confirming lapse requires due process notice.
Statute
A mineral interest unused for 20 years is extinguished and reverts to the owner of the interest it was carved from, unless a statement of claim is filed. IC 32-23-10-2
“An interest in coal, oil and gas, and other minerals, if unused for a period of twenty (20) years, is extinguished and the ownership reverts to the owner of the interest out of which the interest in coal, oil and gas, and other minerals was carved.”
Scope: All severed mineral interests created by instrument (IC 32-23-10-1). The chapter does not mention death, heirs, or unknown or unlocated owners. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Court decisions
The Indiana Supreme Court held the act self executing, with notice and hearing owed only if a court is later asked to decide whether a lapse occurred. 406 N.E.2d 625 (Ind. 1980)
“If a court should be called upon to determine whether such conditions arose in a particular case so as to have effected the loss of an interest, the owner of such interest would be entitled to notice and an opportunity to be heard.”
Scope: Indiana Supreme Court, controlling statewide; affirmed on federal grounds by the U.S. Supreme Court in 1982. Does not address heirs or unlocated owners specifically.
No specific notice is required before a lapse, but any quiet title judgment confirming a lapse requires notice reasonably calculated to reach all interested parties. 454 U.S. 516, 533 to 534 (1982)
“It is undisputed that, before judgment could be entered in a quiet title action that would determine conclusively that a mineral interest has reverted to the surface owner, the full procedural protections of the Due Process Clause — including notice reasonably calculated to reach all interested parties and a prior opportunity to be heard — must be provided.”
Scope: U.S. Supreme Court reviewing this Indiana statute; controlling on the federal due process questions. It does not say how a lapse adjudication must reach heirs or unknown owners in practice.
Heirs, devisees and successors Statute
Chapter 10 (lapse) does not mention heirs or devisees, and "owner" is undefined. Chapter 13 expressly includes heirs, devisees, successors and assigns in "unknown or missing owner" and binds them to a trustee lease.
Statute
The unknown or missing owner definition includes heirs, devisees, successors and assigns. IC 32-23-13-3(b)
“The term includes the person's heirs and devisees and successors and assigns.”
Scope: Chapter 13 only; chapter 10 (lapse) has no equivalent. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
A chapter 13 lease binds the respondents' heirs, legatees, personal representatives, successors and assigns. IC 32-23-13-12(b)
“The mineral lease is binding on the heirs, legatees, personal representatives, successors, and assigns of the respondents.”
Scope: Chapter 13 leases. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Search required to find the owner Statute
Chapter 10 requires only that the optional lapse notice be mailed if the address is of record or can be found by "reasonable inquiry". Chapter 13 requires a search of chain of title records, diligent local inquiry and tax records, and a verified statement of the steps taken.
Statute
After lapse, the successor may publish notice of the lapse and must mail a copy if the owner's address is of record or can be found by reasonable inquiry. IC 32-23-10-6(a)
“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 (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”
Scope: Optional notice ("may") given after lapse, not before it. Addressed to the record owner; heirs are not mentioned. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
"Unknown or missing owner" covers a record owner, or one vested by operation of the lapse chapter, whose identity or location cannot be found, and includes heirs and devisees. IC 32-23-13-3
“(2) whose identity or location cannot be determined: (A) from the records in the chain of title in the county in which the land is located; (B) by diligent inquiry in the vicinity of the record owner's last known place of residence or location; and (C) from a search of tax records”
Scope: Chapter 13 (P.L.28-2015). Treats unknown and unlocated owners together, and subsection (b) states the term includes heirs, devisees, successors and assigns. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
The petition must include a verified statement of the steps taken to identify and locate the owner or the owner's heirs, devisees, successors and assigns. IC 32-23-13-6(a)(2)(F)
“A verified statement that informs the court of the actions the petitioner has taken to identify and locate the unknown or missing owner or the owner's heirs, devisees, successors, and assigns.”
Scope: Chapter 13 actions only. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Who gets notice, and how Statute and court decisions
Chapter 10: optional notice after lapse, published and mailed where an address is known or findable, naming the record owner; none is required before lapse (Texaco v. Short). Chapter 13: name the last record owners and all reasonably ascertainable heirs and devisees; certified mail to the record surface owner where severed.
Statute
After lapse, the successor may publish notice of the lapse and must mail a copy if the owner's address is of record or can be found by reasonable inquiry. IC 32-23-10-6(a)
“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 (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”
Scope: Optional notice ("may") given after lapse, not before it. Addressed to the record owner; heirs are not mentioned. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
The lapse notice names the owner of the mineral interest as shown of record. IC 32-23-10-6(b)(1)
“the name of the owner of the mineral interest, as shown of record”
Scope: Applies to the optional post lapse notice. Does not say what happens when the record owner has died. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
The petitioner must name the last record owners and all reasonably ascertainable heirs, devisees, successors and assigns, and certified mail notice goes to the record surface owner where the minerals are severed. IC 32-23-13-6(a)(1)(A)
“The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the last owners of record.”
Scope: Chapter 13 actions brought by an adjacent mineral producer. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Court decisions
No specific notice is required before a lapse, but any quiet title judgment confirming a lapse requires notice reasonably calculated to reach all interested parties. 454 U.S. 516, 533 to 534 (1982)
“It is undisputed that, before judgment could be entered in a quiet title action that would determine conclusively that a mineral interest has reverted to the surface owner, the full procedural protections of the Due Process Clause — including notice reasonably calculated to reach all interested parties and a prior opportunity to be heard — must be provided.”
Scope: U.S. Supreme Court reviewing this Indiana statute; controlling on the federal due process questions. It does not say how a lapse adjudication must reach heirs or unknown owners in practice.
Notice by publication Statute
Chapter 10 notice is by newspaper publication in the county, with mailing added only where an address is known or findable. Chapter 13 permits service by publication on unknown or missing respondents under the Trial Rules.
Statute
After lapse, the successor may publish notice of the lapse and must mail a copy if the owner's address is of record or can be found by reasonable inquiry. IC 32-23-10-6(a)
“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 (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”
Scope: Optional notice ("may") given after lapse, not before it. Addressed to the record owner; heirs are not mentioned. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Unknown or missing respondents are joined under the Trial Rules and may be served by publication. IC 32-23-13-6(b)
“The Indiana Rules of Trial Procedure govern an action under this chapter to make an unknown or missing person a respondent. Legal service on a respondent who is unknown or missing may be made by publication.”
Scope: Chapter 13 actions. The Trial Rules' own publication conditions were not read. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
How the owner responds or preserves Statute
Before lapse, the owner files a statement of claim with name and address. After lapse, only an owner of 10 or more interests in the county who meets diligence and inadvertence conditions may file within 60 days after published notice or actual knowledge. Under chapter 13, a claimant of held lease money files a verified claim with the court.
Statute
The statement of claim must be filed by the owner before the 20 years end and state the owner's name and address and the land. IC 32-23-10-4(a)
“(1) be filed by the owner of the mineral interest before the end of the twenty (20) year period set forth in section 2 of this chapter; and (2) contain: (A) the name and address of the owner of the mineral interest; and (B) a description of the land”
Scope: All interests under chapter 10. "Owner" is not defined, so whether an heir or estate may file is not stated. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
The late claim exception is limited to an owner of ten or more mineral interests in the county when the period expired. IC 32-23-10-5(1), (4)
“(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”
Scope: Narrow exception; an ordinary owner, heir or unlocated owner of fewer interests has no late filing right under this section. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
A person claiming the lease money held by the clerk files a verified claim and the court decides entitlement. IC 32-23-13-10(b)
“A person that wishes to claim the funds described in subsection (a) must file a verified claim with the court setting out the interest of the claimant and the basis for the claim.”
Scope: Chapter 13 lease payments paid to the clerk. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Court, receivership or trust for missing owners Statute
IC 32-23-13, Mineral Estates of Unknown or Missing Owners: an adjacent mineral producer petitions; the court may declare a trust, appoint a trustee and authorize a lease; payments go to the clerk; after seven years without a successful claim they go to the record surface owner or the township trustee. Oil and gas integration under IC 14-37-9 for missing or unknown owners is preserved but was not read.
Statute
The court may declare a trust, appoint a trustee for the unknown or missing owner and authorize a lease to the adjacent producer on court approved terms. IC 32-23-13-7(b)(2)
“(A) declare a trust in the mineral interest of the unknown or missing owner; (B) appoint, without a bond, a trustee for the unknown or missing owner; and (C) authorize the trustee to execute a valid mineral lease”
Scope: Only an "adjacent mineral producer" (IC 32-23-13-1) may bring the action. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
If no successful claim is made within seven years of the clerk's first receipt of funds, the clerk distributes the funds and future payments are redirected as the section directs. IC 32-23-13-10(d)
“If a successful claim is not made under this section for the funds within seven (7) years from the clerk's first receipt of any funds, the clerk shall distribute all the funds received and petitioner shall make any future payments as follows:”
Scope: Chapter 13 funds. The section speaks of funds and payments; it does not say title to the mineral interest itself passes. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Where the minerals are severed and the record surface owner cannot be identified and located, unclaimed funds and future payments go to the township trustee for township purposes. IC 32-23-13-10(d)(2)
“the clerk shall distribute the funds and the petitioner shall make any future payments to the township trustee of the township in which the subject land is located.”
Scope: Chapter 13 funds; where the surface owner is identified and located, subsection (d)(1) directs them to that owner instead. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
Chapter 13 is not exclusive; integration of oil and gas interests under IC 14-37-9, including interests of missing or unknown owners, remains available. IC 32-23-13-14
“The remedies provided in this chapter are not exclusive and do not prohibit the initiation of a petition for the integration of oil and gas interest as provided in IC 14-37-9, including the integration of interests of missing or unknown owners.”
Scope: IC 14-37-9 itself was not read. Text is the Indiana Code 2017 edition; the official 2026 structure file lists the same sections and captions, but the 2026 text itself could not be read.
What a title review must establish
- In each 20 year window, was there production, injection or storage operations, rentals or royalties paid by the owner, pooled use, taxes paid by the owner, or a recorded statement of claim?
- Was a lapse notice published and mailed under IC 32-23-10-6, and was the record owner then alive and at the address used?
- Who succeeded the record owner, and did any successor file a statement of claim in time?
- Has a chapter 13 trustee lease been entered, which heirs were named, and are funds held by the clerk or already paid to the surface owner or township trustee?
Dates. Lapse if "unused for a period of twenty (20) years" (32-23-10-2); claim "before the end of the twenty (20) year period" (32-23-10-4(a)). Late claim for qualifying multi interest owners "not more than sixty (60) days after publication of notice" or, if none is published, "not more than sixty (60) days after receiving actual knowledge that the mineral interest had lapsed" (32-23-10-5(4)). Mailing "not more than ten (10) days after publication" (32-23-10-6(a)(2)). Chapter 13 funds: "within seven (7) years from the clerk's first receipt of any funds" (32-23-13-10(d)); clerk notifies the surface owner by certified mail "Thirty (30) days before" it may petition (32-23-13-10(e)); notice of later proceedings "not less than thirty (30) days in advance" (32-23-13-11(c)). The provisions read do not say whether death affects any period. The rule finder does not calculate this period.
What AMR searched. Read IC 32-23-10-1 to -8 and IC 32-23-13-1 to -14 from the Indiana Code 2017 PDFs carried by Justia, because iga.in.gov returned only its application shell from this network and no archived copy of the 2026 chapter text exists; checked section numbers and captions against the official 2026 Title 32 structure file (Internet Archive snapshot June 30, 2026). Read Short v. Texaco, 406 N.E.2d 625 (Ind. 1980) and Texaco, Inc. v. Short, 454 U.S. 516 (1982) from the Caselaw Access Project. One web search located chapter 13. CourtListener was rate limited, so Indiana Court of Appeals decisions (Bond v. Templeton Coal Co., 2013; others) were not read. IC 14-37-9 (integration) and the Trial Rules on publication were not read. A point marked not addressed means only that the provisions read do not address it; probate, quiet title and other general procedures may still apply and were not reviewed.
Not settled by this review.
Compare the 2017 text of IC 32-23-10 and 32-23-13 with the 2026 Indiana Code once iga.in.gov is reachable.
Read Indiana Court of Appeals decisions applying IC 32-23-10, including any on heirs, estates or the 60 day late claim, and any applying IC 32-23-13.
Read IC 14-37-9 on integration of interests of missing or unknown owners, including how their share of proceeds is held.
Whether a deceased owner's heirs can rely on taxes or royalties paid in the decedent's name as "use" under IC 32-23-10-3.
Checked October 6, 2026. Also in the dormant mineral rule finder.
Forced pooling
Core rule cited If owners of separately owned tracts in an established drilling unit, or in a pool or part of a pool suitable for secondary recovery, do not agree to integrate, the commission shall require them to integrate and develop the land as a drilling unit to prevent waste or avoid unnecessary wells (IC 14-37-9-1), on reasonable terms giving each tract an equitable share (14-37-9-2). The operator recovers the other owners' share of actual reasonable costs, including supervision, from first production; the text read contains no risk penalty (14-37-9-3).
Surface damages
Core rule cited Yes. A person who enters land to explore for or produce oil and gas is accountable to the surface owner for actual damage to the surface, improvements and growing crops, including marketable timber, drainage and erosion control systems and verified crop damage from compaction, abnormal flooding or erosion, but not for punitive damages; a well may not be located within 200 feet of an existing house, barn or other structure (except fences) without the owner's consent, and damages from installing equipment are payable (IC 32-23-7-6(3), (4)). Since 2011 an oil and gas or coal bed methane mineral owner must give the surface owner written notice at least 5 days before entering to survey a drilling location, except in an emergency or by agreement (32-23-7-6.5).
Taxes
Broad personal income tax: yes. The 2025 IT-40PNR instructions count a nonresident's royalties as Indiana income only when they result from a trade or business conducted in Indiana while listing income from real or personal property located in Indiana as Indiana income, and residents report all income including income from outside Indiana. Core rule cited Source and notes.
Severance or production tax. The greater of 1 percent of value or $0.24 per barrel of oil and $0.03 per Mcf of gas. Core rule cited Full record: rates, exemptions, royalty owner share and sources.
Not tax advice. Rates change and the cited source controls.
Sources for the dormant mineral rule
Each source was read on the date shown. Where an official site was not available, the official page was read through a dated Internet Archive copy and that is stated.
- IC 32-23-10-2
“An interest in coal, oil and gas, and other minerals, if unused for a period of twenty (20) years, is extinguished and the ownership reverts to the owner of the interest out of which the interest in coal, oil and gas, and other minerals was carved.”
- IC 32-23-10-3(a)(1) to (3)
“(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;”
- IC 32-23-10-4(c)
“Upon the filing of a statement of claim within the time provided in this section, the mineral interest is considered to be in use on the date the statement of claim is filed.”
- IC 32-23-10-5
“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”
- Indiana Code 2026, Title 32 structure file, chapter 32-23-10
“Chapter 10. Lapse of Mineral Interest”
- Texaco, Inc. v. Short, 454 U.S. 516 (1982)
“In 1971 the Indiana Legislature enacted a statute providing that a severed mineral interest that is not used for a period of 20 years automatically lapses and reverts to the current surface owner of the property, unless the mineral owner files a statement of claim in the local county recorder's office.”
- Bond v. Templeton Coal Co., No. 42A01-1209-PL-419 (Ind. Ct. App. 2013), as reported
“limited in its retroactive application to only the 20-year period”
Open questions for a specialist
This review did not settle these points. They are where an Indiana title attorney or landman should look first.
The current official text could not be read: iga.in.gov was not available when AMR checked and no archived copy of the current chapter text exists. The 2012 official text was used; it should be compared with the 2026 Indiana Code for any amendment after P.L.2-2002 (the 2026 section list and captions are unchanged).
Bond v. Templeton Coal Co. and Westervelt v. Woodcock were known only from news reports; the opinions themselves were not read.
Whether rentals, royalties or taxes paid by a lessee rather than the mineral owner count under 32-23-10-3(a)(3) and (6).
Common questions
Can mineral rights lapse in Indiana?
Yes. Indiana’s statute can end an interest after 20 years without use, and it works by itself, without a court case or a notice from the surface owner. Recording the statement the statute provides keeps the interest alive; the rule and its citation are under How the rule works.
How long before unused mineral rights lapse in Indiana?
20 years. Twenty years of nonuse (IC 32-23-10-2). Any use listed in 32-23-10-3 restarts the period, and a statement of claim filed in time makes the interest in use on its filing date (32-23-10-4(c)). The Court of Appeals held in Bond v. Templeton Coal Co. (2013) that nonuse before the act's September 2, 1971 effective date counts only for the 20 years immediately preceding that date (reported by a secondary source; opinion not read).
How can an owner keep an Indiana mineral interest from lapsing?
By recording the filing the statute provides before the period runs. What it must contain and where it is recorded are under Preservation filing above.
Does Indiana allow forced pooling?
Yes. Indiana has a forced pooling statute, summarized with its citation under Forced pooling above.
Does Indiana require payment for surface damage?
Yes. Indiana has a statute requiring operators to compensate surface owners, summarized with its citation under Surface damages above.
What changed
The June 2026 edition listed Indiana as Can lapse / revert, lapse period 20 years. Release 2026.10 replaced that entry with the reviewed rule above, and retired the June risk score and ranking for every state. Release 2026.10.1 added the deceased or unlocated owner section. See all changes.
Cite this page
American Mineral Registry. "Indiana Dormant Mineral Act." U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https:// americanmineralregistry.com/ research/ states/ indiana-dormant-mineral-act
[Indiana Dormant Mineral Act](https:// americanmineralregistry.com/ research/ states/ indiana-dormant-mineral-act), U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
<a href="https:// americanmineralregistry.com/ research/ states/ indiana-dormant-mineral-act">Indiana Dormant Mineral Act</ a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
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General information about statutes, not legal advice and not a title opinion. Facts about a specific interest decide the outcome. Published by American Mineral Registry, which also runs a commercial service for owners; see how the two relate.