# Indiana Dormant Mineral Act: Understanding the 20-Year Rule

**TL;DR:** Indiana's Dormant Mineral Interests Act (IC §32-23-10) allows surface owners to reclaim mineral rights that have been unused for 20 consecutive years. Heirs and absentee mineral owners can preserve their interests by filing a statement of claim with the county recorder, leasing the minerals, receiving royalty income, or paying separately assessed taxes. Once a notice of lapse is processed, recovering the interest becomes significantly more difficult.

## Key Takeaways

- **20-Year Clock:** Surface owners may reclaim mineral interests that have gone unused for 20 consecutive years under Indiana Code §32-23-10
- **Qualifying Uses:** Production, royalty receipt, active leasing, separately assessed tax payments, or filing a statement of claim all count as "use" that resets the clock
- **Simplest Preservation:** Filing a statement of claim with the county recorder is a one-time method to reaffirm ownership and preserve the interest
- **Difficult Recovery:** Once a surface owner files and processes a notice of lapse, recovering the mineral interest becomes significantly harder
- **Sale Alternative:** Selling mineral rights before the 20-year clock expires transfers the interest and eliminates preservation concerns
- **At-Risk Heirs:** Inherited mineral interests are particularly vulnerable if heirs are unaware of the statute or haven't actively managed the asset
- **No Automatic Notice:** The statute does not require surface owners to notify mineral owners before initiating the lapse process
- **County-by-County Filing:** Preservation statements must be filed in the specific county where the mineral interest is located

## Page Highlights

**What Is the Indiana Dormant Mineral Act?**  
Indiana Code §32-23-10 authorizes surface owners to reclaim mineral rights that have been inactive for 20+ years, aiming to clear title and enable development without fragmented absentee ownership complications. Heirs who inherited interests and haven't actively managed them face permanent loss if the clock runs out.

**Qualifying Uses Under the Statute**  
The statute recognizes five activities as "use": actual mineral production, royalty/rental payment receipt, active leasing, separately assessed tax payments, or filing a statement of claim with the county recorder. Absence of all five for 20 consecutive years triggers eligibility for surface owner reclamation.

**How to Preserve Your Interest**  
Mineral owners have multiple preservation options: file a statement of claim (simplest one-time method), lease the interest to an operator, receive royalty income, or pay separately assessed taxes. Consulting a qualified Indiana oil and gas attorney ensures appropriate action for specific circumstances.

**Selling Before Lapse**  
Heirs preferring not to manage preservation can sell before the 20-year period expires. Sale transfers the interest immediately, eliminating future lapse concerns and transferring all title/recording responsibilities to the buyer at closing.

**Illinois Basin Coverage**  
The statute affects mineral interests across Indiana's producing counties including Posey, Gibson, Knox, Daviess, Pike, Sullivan, Greene, Vigo, and Warrick.

## Related Topics

- [How to Sell Mineral Rights](https://www.buckheadenergy.com/sell)
- [What Are My Minerals Worth?](https://www.buckheadenergy.com/sell) (referenced in guides)
- [Should I Sell? Beginner's Guide](https://www.buckheadenergy.com/sell) (referenced in guides)
- [Getting a Fair Price](https://www.buckheadenergy.com/sell) (referenced in guides)

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**About Buckhead Energy:** Buckhead Energy is a BBB-accredited mineral rights acquisition company that has been purchasing mineral and royalty interests directly from owners since 2007, operating across 33 states with particular expertise in the Illinois Basin.

**Ready to discuss your Indiana mineral rights?** Get a free, no-obligation written offer at https://www.buckheadenergy.com/sell