Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 1 - Definitions
Section 1-159 - "Valid existing rights" defined and construed
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-18-3
Sec. 159.
(a) "Valid existing rights", for purposes of 312 IAC 25-2-1, 312 IAC 25-3-1, and 312 IAC 25-3-5, means the following:
(b) The interpretation of the terms of a document used to establish a valid existing right is based upon the common law concerning the interpretation of documents conveying mineral rights. If there is no applicable common law, the interpretation is based upon the following:
(c) As used in this section "valid existing right" does not mean the mere expectation of a right to conduct surface coal mining operations or the right to conduct underground coal mining. Examples of rights, which alone do not constitute valid existing rights, include, but are not limited to, coal exploration permits or licenses, applications or bids for leases, or where a person has only applied for a federal or state permit.
(d) If an area comes under the protection of IC 14-34-18-3 after August 3, 1977, valid existing rights are present if a validly authorized surface coal mining operation exists on that area on the date the protection comes into existence.