SHORT V. TEXACO, INC.
273 Ind. 518, 406 N.E.2d 625 (1980)
NATURE OF THE CASE: This was a suit challenging the constitutionality of a statute.
Appealed. Appellant sought of a ruling declaring the Mineral Lapse Act (Act), Ind. Code
32-5-11-1-8 unconstitutional.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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