Sec. 5. Failure to file a statement of claim within the time provided in section 4 of this chapter 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 in which the mineral interest is located; (2) made a diligent effort to preserve all the mineral interests that were not being used and, not more than ten (10) years before the expiration of the period specified in section 4 of this chapter, preserved other mineral interests in the county by filing statements of claim as required under this chapter; (3) failed to preserve the mineral interest through inadvertence; and (4) filed the statement of claim required under this chapter: (A) not more than sixty (60) days after publication of notice as specified in section 6 of this chapter; and (B) if a notice referred to in clause (A) is not published, not more than sixty (60) days after receiving actual knowledge that the mineral interest had lapsed. [Pre-2002 Recodification Citation: 32-5-11-5.]
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