Indiana Notice of Claim of Mineral Interest for Dormant Mineral Interest

State:
Multi-State
Control #:
US-OG-108
Format:
Word; 
Rich Text
Instant download

Description

The information provided with the form identifies states that are known to have enacted dormant interest statutes. The form provided is a general form, which may not meet the statutory requirements of all states listed. This form may be supplemented or amended to meet a state's specific statutory requirements, if possible, to assert a claim of ownership to avoid the loss of an interest.
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FAQ

Mineral ownership, or mineral rights, are understood to be the property rights to exploit an area for the minerals, gas, or oil it harbors. The four types of mineral ownership are: Mineral Interest ? interest generated after the production of oil and gas after the sale of a deed or a lease.

The important properties are: Color and Intensity. Transparency. Formation of Crystals. Damage and Repairs. Locality. Size. Luster. Anomalies.

The IRS views the profits from the sale of mineral rights as a capital gain, not income. To figure out how much you might need to pay as a capital gains tax, you need to figure out your cost basis in the mineral rights. The cost basis is the original price or value of the asset ? in this case, mineral rights.

3) Indiana Mineral Lapse Act ? Termination of Unused Estates Under the Act, mineral interests are automatically terminated if they go unused by the owner for a period of 20 years, although the owner can save its interest from terminating by filing a statement of claim to the interest with the county recorder.

Rarity in minerals may be classed as due to the quality of the specimen being greatly superior to the average, or to the scarcity of the species, variety or form. In each instance rarity adds greatly to the value of a specimen. It is, indeed, one of the most important factors in the scientific valuation of minerals.

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

The cost basis for inherited mineral rights is ?fair value.? It's simply the book value of what you receive on the day you acquire it. If you sell your rights afterward, you'll have to pay capital gains tax on the difference between your cost basis and the sale price.

The Indiana Dormant Mineral Interest Act" was passed by the Indiana Legislature in 1971. The Act provides that severed mineral interests would automatically revert to the current surface owner of the land unless one of the following conditions was met: 1. Sufficient "use" of the mineral interest by the owner.

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Indiana Notice of Claim of Mineral Interest for Dormant Mineral Interest