Short v. Texaco, Inc.

273 Ind. 518, 406 N.E.2d 625 (1980)

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Nature of the Case

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Facts

The statute at issue, known as the Mineral Lapse Act, terminated all interests in coal, oil, gas, or other minerals which had not been used for twenty years. The statute further provided a list of activities which constituted 'use,' including the filing of a mineral claim in the recorder's office. The statute also provided a two-year grace period for owners of mineral interests to file notice of their claims. This action is a consolidated appeal of a challenge to the constitutionality of the Mineral Lapse Act. The lower court found the Act an unconstitutional violation of due process rights because it allowed divestiture of property rights without opportunity for a hearing, and because the divestiture of property rights in the manner prescribed by the statute constituted a taking.