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0 chapters · 217 sections in this title.
La. Rev. Stat. § 31:191 When oil and gas wells and lignite operations considered open mines
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§191. When oil and gas wells and lignite operations considered open mines A. As applied to oil and gas, the principle stated in Article 190 means that if at the time a usufruct is created minerals are being produced from the land or other land unitized therewith, or if there is p…
La. Rev. Stat. § 31:192 Right of usufructuary of land to grant lease
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§192. Right of usufructuary of land to grant lease If the land subject to the usufruct, or any part thereof, is subject to a lease granted by the landowner prior to the creation of the usufruct, the usufructuary is entitled only to royalties on actual or constructive production a…
La. Rev. Stat. § 31:193 Nature of usufruct of a mineral right
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§193. Nature of usufruct of a mineral right One who has the usufruct of a mineral right, as distinguished from the usufruct of land, is entitled to all of the benefits of use and enjoyment that would accrue to him if he were the owner of the right. He may, therefore, use the righ…
La. Rev. Stat. § 31:194 Usufructuary not obligated to account to naked owner
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§194. Usufructuary not obligated to account to naked owner A usufructuary of land benefitting under Article 190 or 191 or a usufructuary of a mineral right is not obligated to account to the naked owner of the land or of the mineral right for production or the value thereof or an…
La. Rev. Stat. § 31:195 Right of naked owner of land to enjoyment of minerals
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§195. Right of naked owner of land to enjoyment of minerals If a usufruct of land does not include mineral rights, the naked owner of the land has all of the rights in minerals that he would have if the land were not subject to the usufruct. The rights may not be exercised in coa…
La. Rev. Stat. § 31:196 Obligations of naked owner arising from enjoyment of rights in minerals
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§196. Obligations of naked owner arising from enjoyment of rights in minerals In enjoying the right recognized by Article 195, the naked owner is entitled to use only so much of the surface of the land as is reasonably necessary for his operations, but he is responsible to the us…
La. Rev. Stat. § 31:2 Relation to Civil Code
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§2. Relation to Civil Code The provisions of this Code are supplementary to those of the Louisiana Civil Code and are applicable specifically to the subject matter of mineral law. In the event of conflict between the provisions of this Code and those of the Civil Code or other la…
La. Rev. Stat. § 31:20 Authority to create mineral rights
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§20. Authority to create mineral rights The authority of a tutor, curator, succession representative, or trustee to create a mineral right on property subject to his administration is governed by the laws applicable to each. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:203 Mineral rights susceptible of mortgage; effect of mortgage
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§203. Mineral rights susceptible of mortgage; effect of mortgage A mineral right is susceptible of mortgage to the same extent and with the same effect, and subject to the same provisions of rank, inscription, reinscription, extinguishment, transfer, and enforcement as is prescri…
La. Rev. Stat. § 31:204 Security interest in minerals and proceeds thereof
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§204. Security interest in minerals and proceeds thereof The Uniform Commercial Code - Secured Transactions governs the manner of creation of security interests in minerals produced and the proceeds from their sale or other disposition, as well as the rights of the holders of the…
La. Rev. Stat. § 31:205 When transfer, assignment, or termination of mortgage or pledge effective against parties dealing with mortgagee or pledgee
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§205. When transfer, assignment, or termination of mortgage or pledge effective against parties dealing with mortgagee or pledgee Notwithstanding any other knowledge or notice, no transfer, assignment, or termination of the right of a mortgagee or pledgee under a mortgage or pled…
La. Rev. Stat. § 31:206 Obligation of owner of expired mineral right to furnish recordable act evidencing
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§206. Obligation of owner of expired mineral right to furnish recordable act evidencing extinction or expiration of right; mineral lease A. Except as provided in Paragraph B of this Article, when a mineral right is extinguished by the accrual of prescription of nonuse, expiration…
La. Rev. Stat. § 31:207 Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease
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§207. Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease If the former owner of the extinguished or expired mineral right fails to furnish the required act within thirty days of receipt of the demand or if the former lessee of a mineral l…
La. Rev. Stat. § 31:208 Effect of good faith dispute as to extinction or expiration of right
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§208. Effect of good faith dispute as to extinction or expiration of right The former owner of a mineral right other than a mineral lease is not liable for damages or attorney's fees under Article 207 if there is a good faith dispute as to whether prescription has accrued, the te…
La. Rev. Stat. § 31:209 Applicability to demand for dissolution of mineral lease
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§209. Applicability to demand for dissolution of mineral lease The right to secure damages and attorney's fees under Article 207 is applicable also to a demand for dissolution of a mineral lease for failure to comply with its obligations. Acts 1974, No. 50, §209, eff. Jan. 1, 197…
La. Rev. Stat. § 31:21 Nature of mineral servitude
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§21. Nature of mineral servitude A mineral servitude is the right of enjoyment of land belonging to another for the purpose of exploring for and producing minerals and reducing them to possession and ownership. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:210 When purchaser protected in paying party in interest under lease for minerals produced
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§210. When purchaser protected in paying party in interest under lease for minerals produced A purchaser of minerals produced from a recorded lease granted by the last record owner holding under an instrument translative of title to the land or mineral rights leased is fully prot…
La. Rev. Stat. § 31:210.1 Interest on purchase payment of production
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§210.1. Interest on purchase payment of production A. When mineral production has been delivered under a purchase contract but the purchaser is delaying payment for the production, pending receipt of proof of clear title or a valid division order or both, interest at the legal ra…
La. Rev. Stat. § 31:210.2 Declaration of interest; when third party purchasers of oil may withhold payment
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§210.2. Declaration of interest; when third party purchasers of oil may withhold payment A. For purposes of this Article, "declaration of interest" means a signed statement by a party claiming an interest in mineral production, including the authority to sell production belonging…
La. Rev. Stat. § 31:211 Availability of mandamus for nonpayment of sums due for production
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§211. Availability of mandamus for nonpayment of sums due for production A purchaser of production under Article 210, a purchaser of production under any division order, or a purchaser of production from a lease under which the lessee's royalty obligation to the lessor has been s…
La. Rev. Stat. § 31:212 Right to attorney's fee incurred in securing writ
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§212. Right to attorney's fee incurred in securing writ A party obtaining a properly issued writ of mandamus under Article 211 shall be entitled to reasonable attorney's fees incurred in securing the writ. Acts 1974, No. 50, §212, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:212.1 Sales relative to minerals after they are severed are subject to the laws of registry
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§212.1. Sales relative to minerals after they are severed are subject to the laws of registry Contracts by a landowner or owner of a mineral right disposing of minerals after they are severed, if filed for registry in the conveyance records at the situs of the land or mineral rig…
La. Rev. Stat. § 31:212.21 Nonpayment of production payment or royalties; notice prerequisite to judicial
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§212.21. Nonpayment of production payment or royalties; notice prerequisite to judicial demand If the owner of a production payment created out of a mineral lessee's interest or a royalty owner other than a mineral lessor seeks relief for the failure of a mineral lessee to make t…
La. Rev. Stat. § 31:212.22 Required response of obligor to notice
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§212.22. Required response of obligor to notice The obligor shall have thirty days after receipt of the required notice within which to pay the royalties or production payments due or to respond by stating in writing a reasonable cause for nonpayment. The payment or nonpayment of…
La. Rev. Stat. § 31:212.23 Effects of payment or nonpayment with or without stating reasonable cause therefor; division order
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§212.23. Effects of payment or nonpayment with or without stating reasonable cause therefor; division order A. If the obligor pays the royalties or production payments due plus the legal interest applicable from the date payment was due, the owner shall have no further claim with…
La. Rev. Stat. § 31:212.31 Payment information to interest owners
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§212.31. Payment information to interest owners A. As used in this Article: (1) "Check stub" means the financial record attached to a check. (2) "Division order" means a contract of sale to the purchaser of oil or gas directing the purchaser to make payment for the value of the p…
La. Rev. Stat. § 31:212.32 Accumulation of proceeds from production
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§212.32. Accumulation of proceeds from production A. Unless otherwise requested, proceeds from production of oil and gas may be accumulated and remitted to the persons entitled thereto annually for the twelve months accumulation of proceeds totaling less than one hundred dollars.…
La. Rev. Stat. § 31:213 Definitions
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§213. Definitions Unless otherwise defined by express agreement, the following terms used in this Code shall have the following meanings: (1) "Bonus" means money or other property given for the execution of a mineral lease, except interests in production from or attributable to p…
La. Rev. Stat. § 31:214 Applicability of Code to existing rights
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§214. Applicability of Code to existing rights The provisions of this Code shall apply to all mineral rights, including those existing on the effective date hereof; but no provision may be applied to divest already vested rights or to impair the obligation of contracts. Acts 1974…
La. Rev. Stat. § 31:215 Contracts; partnership status
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§215. Contracts; partnership status A written contract for the joint exploration, development, or operation of mineral rights does not create a partnership unless the contract expressly so provides. Added by Acts 1980, No. 150, §2, eff. Jan. 1, 1981.
La. Rev. Stat. § 31:216 Filing
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§216. Filing An agreement entered into by or among the owners of mineral rights for the joint exploration, development, operation or production of minerals thereunder shall be binding upon third persons when the agreement is filed for registry in the conveyance records of the par…
La. Rev. Stat. § 31:217 Declaration in lieu of agreement
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§217. Declaration in lieu of agreement In lieu of filing an agreement as provided in R.S. 31:216, the parties thereto may file a declaration signed by them, or signed by any person designated in the agreement as the general operator or agent of the parties, describing the lands a…
La. Rev. Stat. § 31:22 Certain rights and obligations of mineral servitude owner
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§22. Certain rights and obligations of mineral servitude owner The owner of a mineral servitude is under no obligation to exercise it. If he does, he is entitled to use only so much of the land as is reasonably necessary to conduct his operations. He is obligated, insofar as prac…
La. Rev. Stat. § 31:23 Right of servitude owner to operate; protection thereof
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§23. Right of servitude owner to operate; protection thereof The owner of a mineral servitude may conduct his operations with the freedom and subject to the restrictions that apply to a landowner. He may protect his right against interference or damage by all of the means availab…
La. Rev. Stat. § 31:24 Right of landowner to create mineral servitude
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§24. Right of landowner to create mineral servitude Except as provided in Article 25, a mineral servitude may be created only by a landowner who owns the right to explore for and produce minerals when the servitude is created. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:25 Right of conditional landowner to create mineral servitude
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§25. Right of conditional landowner to create mineral servitude A mineral servitude may be created by a landowner whose title terminates at a particular time or upon the occurrence of a certain condition but it is extinguished at the specified time or on occurrence of the conditi…
La. Rev. Stat. § 31:26 Usufructuary may not create mineral servitude
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§26. Usufructuary may not create mineral servitude A usufructuary cannot establish a mineral servitude on the estate of which he has the usufruct even for the period of his usufruct. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:27 Extinction of mineral servitudes
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§27. Extinction of mineral servitudes A mineral servitude is extinguished by: (1) prescription resulting from nonuse for ten years; (2) confusion; (3) renunciation of the servitude on the part of him to whom it is due, or the express remission of his right; (4) expiration of the …
La. Rev. Stat. § 31:28 Commencement of prescription of nonuse
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§28. Commencement of prescription of nonuse Prescription of nonuse of a mineral servitude commences from the date on which it is created. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:29 How prescription of nonuse is interrupted
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§29. How prescription of nonuse is interrupted The prescription of nonuse running against a mineral servitude is interrupted by good faith operations for the discovery and production of minerals. By good faith is meant that the operations must be (1) commenced with reasonable exp…
La. Rev. Stat. § 31:3 Freedom of contract and limitations thereon
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§3. Freedom of contract and limitations thereon Unless expressly or impliedly prohibited from doing so, individuals may renounce or modify what is established in their favor by the provisions of this Code if the renunciation or modification does not affect the rights of others an…
La. Rev. Stat. § 31:30 Date on which prescription interrupted and commenced anew
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§30. Date on which prescription interrupted and commenced anew An interruption takes place on the date actual drilling or mining operations are commenced on the land burdened by the servitude or, as provided in Article 33, on a conventional or compulsory unit including all or a p…
La. Rev. Stat. § 31:31 Operations beyond prescriptive date; effect as interruption
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§31. Operations beyond prescriptive date; effect as interruption Actual drilling or mining operations commenced within the prescriptive period interrupt prescription although the operations are not completed until after the date on which prescription would have accrued. Acts 1974…
La. Rev. Stat. § 31:32 Interruption by additional operations
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§32. Interruption by additional operations When prescription has commenced anew following the cessation of drilling or mining operations, it may later be interrupted by a good faith attempt to complete the well or mine or place it in production conducted in accordance with the ge…
La. Rev. Stat. § 31:33 Unit operations; effect as interruption of prescription
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§33. Unit operations; effect as interruption of prescription Operations conducted on land other than that burdened by a mineral servitude and constituting part of a conventional or compulsory unit that includes only a part of the land burdened by the servitude will, if otherwise …
La. Rev. Stat. § 31:34 Shut-in well; testing as interruption of prescription
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§34. Shut-in well; testing as interruption of prescription When there exists on a tract of land burdened by a mineral servitude, or on a conventional or compulsory unit that includes all or part thereof, a shut-in well proved through testing by surface production to be capable of…
La. Rev. Stat. § 31:35 Unitization with tested shut-in well as interruption of prescription
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§35. Unitization with tested shut-in well as interruption of prescription If the land, or part thereof, burdened by a mineral servitude is included in a conventional or compulsory unit on which there is a well located on other land within the unit capable of producing in paying q…
La. Rev. Stat. § 31:36 Production as interruption of prescription
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§36. Production as interruption of prescription Prescription of nonuse is interrupted by the production of any mineral covered by the act creating the servitude. The interruption occurs on the date on which actual production begins and prescription commences anew from the date of…
La. Rev. Stat. § 31:37 Unit production as interruption of prescription
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§37. Unit production as interruption of prescription Production from a conventional or compulsory unit embracing all or part of the tract burdened by a mineral servitude interrupts prescription, but if the unit well is on land other than that burdened by the servitude, the interr…
La. Rev. Stat. § 31:38 Good faith production for beneficial purpose required
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§38. Good faith production for beneficial purpose required To interrupt prescription it is not necessary that minerals be produced in paying quantities. It is necessary only that minerals actually be produced in good faith with the intent of saving or otherwise using them for som…
