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0 chapters · 217 sections in this title.
La. Rev. Stat. § 31:39 Attempt to restore or secure new production as interruption of prescription
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§39. Attempt to restore or secure new production as interruption of prescription After production has ceased and prescription has commenced anew, it may be interrupted by good faith operations conducted in accordance with the general principles of Articles 29 through 31 to restor…
La. Rev. Stat. § 31:4 Substances to which Code applicable
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§4. Substances to which Code applicable The provisions of this Code are applicable to all forms of minerals, including oil and gas. They are also applicable to rights to explore for or mine or remove from land the soil itself, gravel, shells, subterranean water including brine, o…
La. Rev. Stat. § 31:40 Interruption applicable to all minerals and modes of use
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§40. Interruption applicable to all minerals and modes of use An interruption of prescription applies to all types of minerals covered by the act creating the servitude and to all modes of its use. Acts 1974, No. 50, §40, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:41 Commencement of prescription anew following attempt to restore or secure new production
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§41. Commencement of prescription anew following attempt to restore or secure new production When prescription is interrupted, it commences anew from the last day on which operations are conducted in good faith to secure or restore production in paying quantities with reasonable …
La. Rev. Stat. § 31:42 By whom a mineral servitude may be used
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§42. By whom a mineral servitude may be used Except as provided in Articles 44 through 52, use of a mineral servitude must be by the owner of the servitude, his representative or employee, or some other person acting on his behalf. Acts 1974, No. 50, §42, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:43 When a person is acting on behalf of servitude owner
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§43. When a person is acting on behalf of servitude owner A person is acting on behalf of the servitude owner only when there is a legal relationship between him and the servitude owner, such as co-ownership or agency, or when there is clear and convincing evidence that he intend…
La. Rev. Stat. § 31:44 Adoption of operations by another
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§44. Adoption of operations by another A mineral servitude owner may adopt operations or production by a person other than those designated by Article 42 if his servitude includes the right to conduct operations of the kind involved. Acts 1974, No. 50, §44, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:45 Time within which adoption must be made
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§45. Time within which adoption must be made An adoption must be made within three years of the servitude owner's knowledge of such operations or production and in any event prior to the date on which his rights would otherwise prescribe. This limitation does not affect the presc…
La. Rev. Stat. § 31:46 Procedure for adoption
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§46. Procedure for adoption Adoption of the operations of another is accomplished when the servitude owner files for registry in the conveyance records of the situs of his servitude an instrument describing the land subject to the servitude, identifying the operations, specifying…
La. Rev. Stat. § 31:47 Compulsory unit operations; adoption unnecessary
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§47. Compulsory unit operations; adoption unnecessary When drilling or mining operations or actual production otherwise sufficient to interrupt prescription takes place on a compulsory unit including all or a part of the land burdened by a mineral servitude, an interruption of pr…
La. Rev. Stat. § 31:48 Obligation of servitude owner to pay costs
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§48. Obligation of servitude owner to pay costs Except as provided in this Article, upon filing for registry of the instrument required by Article 46, the servitude owner becomes obligated to pay his proportionate share of the reasonable, actual costs of development and operation…
La. Rev. Stat. § 31:49 Unsuccessful operations; waiver of damages when adopted
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§49. Unsuccessful operations; waiver of damages when adopted If the operations adopted were unsuccessful, the servitude owner is not only obligated to pay costs as required by Article 48, he also waives any right to damages against the party conducting the operations. Acts 1974, …
La. Rev. Stat. § 31:5 Ownership of solid minerals
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§5. Ownership of solid minerals Ownership of land includes all minerals occurring naturally in a solid state. Solid minerals are insusceptible of ownership apart from the land until reduced to possession. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:50 Adoption a matter of right
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§50. Adoption a matter of right The servitude owner may adopt the operations of another as a matter of right. Consent of the party conducting them is not required. Acts 1974, No. 50, §50, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:51 Adoption when servitude under lease
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§51. Adoption when servitude under lease The owner of a mineral servitude may adopt the operations of another even though his rights are under lease and his lessee is unwilling to share in the costs of development and operation. If the operations have resulted in production to wh…
La. Rev. Stat. § 31:52 Right to claim production in absence of adoption
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§52. Right to claim production in absence of adoption Although the servitude owner fails to adopt operations by another, he may claim the proportion of production allocable to his interest which was obtained prior to the lapse of three years from his knowledge of the operations r…
La. Rev. Stat. § 31:53 Adoption possible only as specifically provided
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§53. Adoption possible only as specifically provided Articles 44 through 52 provide the only means by which the prescription of nonuse may be interrupted by operations conducted by persons other than those designated in Article 42. Acts 1974, No. 50, §53, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:54 Interruption of prescription by acknowledgment; formal requirements
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§54. Interruption of prescription by acknowledgment; formal requirements The prescription of nonuse may be interrupted by a gratuitous or onerous acknowledgment by the owner of the land burdened by a mineral servitude. An acknowledgment must be in writing, and, to affect third pa…
La. Rev. Stat. § 31:55 Express intent required
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§55. Express intent required An acknowledgment must express the intent of the landowner to interrupt prescription and clearly identify the party making it and the mineral servitude or servitudes acknowledged. Acts 1974, No. 50, §55, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:56 Contractual extension of servitude; requirements
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§56. Contractual extension of servitude; requirements A landowner may extend a mineral servitude beyond the prescriptive date for a period less than that which would result from an interruption by an acknowledgment. The extension must meet all of the requirements for an acknowled…
La. Rev. Stat. § 31:57 Extended servitude subject to rules of prescription
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§57. Extended servitude subject to rules of prescription An extended mineral servitude is subject to the rules relating to interruption of prescription. Acts 1974, No. 50, §57, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:58 Prescription not affected by minority or other disability
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§58. Prescription not affected by minority or other disability The prescription of nonuse is not suspended by the minority or other legal disability of the owner of a mineral servitude. Acts 1974, No. 50, §58, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:59 Suspension of prescription by obstacle
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§59. Suspension of prescription by obstacle If the owner of a mineral servitude is prevented from using it by an obstacle that he can neither prevent nor remove, the prescription of nonuse does not run as long as the obstacle remains. Acts 1974, No. 50, §59, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:6 Right to search for fugitive minerals; elements of ownership of land
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§6. Right to search for fugitive minerals; elements of ownership of land Ownership of land does not include ownership of oil, gas, and other minerals occurring naturally in liquid or gaseous form, or of any elements or compounds in solution, emulsion, or association with such min…
La. Rev. Stat. § 31:60 Suspension effective as to all minerals
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§60. Suspension effective as to all minerals An obstacle to drilling or mining operations or to production of any mineral covered by an act creating a mineral servitude suspends the running of prescription as to all minerals covered by the act. Acts 1974, No. 50, §60, eff. Jan. 1…
La. Rev. Stat. § 31:61 Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle
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§61. Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle A. Issuance of a compulsory unitization order establishing a unit that includes all or part of a tract burdened by a mineral servitude does not constitute an obstacle to its use. B. The…
La. Rev. Stat. § 31:62 Mineral servitude indivisible except as specifically provided
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§62. Mineral servitude indivisible except as specifically provided Except as provided in Articles 63 through 71, the rights and obligations of the owner of a mineral servitude are indivisible. Acts 1974, No. 50, §62, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:63 Presumption arising from separate description of tracts forming continuous body of land
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§63. Presumption arising from separate description of tracts forming continuous body of land A single mineral servitude is created by an act that affects a continuous body of land although individual tracts or parcels within the whole are separately described. Acts 1974, No. 50, …
La. Rev. Stat. § 31:64 Presumption when servitudes created on noncontiguous tracts
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§64. Presumption when servitudes created on noncontiguous tracts An act creating mineral servitudes on noncontiguous tracts of land creates as many mineral servitudes as there are tracts unless the act provides for more. Acts 1974, No. 50, §64, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:65 Division of servient estate not division of servitude
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§65. Division of servient estate not division of servitude The division of a tract burdened by a mineral servitude does not divide the servitude. Acts 1974, No. 50, §65, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:66 Right of owners of contiguous tracts to create single servitude
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§66. Right of owners of contiguous tracts to create single servitude The owners of several contiguous tracts of land may establish a single mineral servitude in favor of one or more of them or of a third party. Acts 1974, No. 50, §66, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:67 Right of co-owners to create single servitude in partition of land
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§67. Right of co-owners to create single servitude in partition of land Co-owners of land constituting a continuous whole may partition it and reserve a single mineral servitude in favor of one or more of them. Acts 1974, No. 50, §67, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:68 Effect of limitation of servitude rights to specified horizons or levels
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§68. Effect of limitation of servitude rights to specified horizons or levels A single mineral servitude is established on a continuous tract of land notwithstanding that certain horizons or levels are excluded or the right to share in production varies as to different portions o…
La. Rev. Stat. § 31:69 Effect of partial conveyances of servitude rights
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§69. Effect of partial conveyances of servitude rights The conveyance or reservation by a mineral servitude owner of a portion of his rights does not divide the mineral servitude but creates only a co-ownership, except that if a person other than the servitude owner acquires all …
La. Rev. Stat. § 31:7 When minerals reduced to possession
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§7. When minerals reduced to possession Minerals are reduced to possession when they are under physical control that permits delivery to another. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:70 Effect of contracts for use or development of portion of servitude
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§70. Effect of contracts for use or development of portion of servitude Execution of a lease or other contract for use or development of a portion of a tract burdened by a mineral servitude does not divide the servitude. Acts 1974, No. 50, §70, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:71 Partial unitization not a division
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§71. Partial unitization not a division Unitization of a portion of a tract burdened by a mineral servitude does not divide the servitude. Acts 1974, No. 50, §71, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:72 Parties free to contract except as specifically limited
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§72. Parties free to contract except as specifically limited Parties to an act creating a mineral servitude may alter the applicable legal rules subject to the limitations provided in Articles 73 through 79. Acts 1974, No. 50, §72, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:73 Single servitude may not exist on noncontiguous tracts
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§73. Single servitude may not exist on noncontiguous tracts A single mineral servitude may not be created on two or more noncontiguous tracts of land. Acts 1974, No. 50, §73, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:74 Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years
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§74. Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years Parties may either fix the term of a mineral servitude or shorten the applicable period of prescription of nonuse or both. If a period of prescription great…
La. Rev. Stat. § 31:75 Right to contract regarding rules of use
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§75. Right to contract regarding rules of use The rules of use regarding interruption of prescription on a mineral servitude may be restricted by agreement but shall not be made less burdensome, except that parties may agree expressly and in writing, either in the act creating a …
La. Rev. Stat. § 31:76 Expectancy of extinction not an article of commerce
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§76. Expectancy of extinction not an article of commerce The expectancy of a landowner in the extinction of an outstanding mineral servitude cannot be conveyed or reserved directly or indirectly. Acts 1974, No. 50, §76, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:77 Application of after-acquired title doctrine
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§77. Application of after-acquired title doctrine If a party purports to acquire a mineral servitude from a landowner when the right purportedly acquired is outstanding in another and the landowner either subsequently acquires the outstanding right or is the owner of the land at …
La. Rev. Stat. § 31:78 Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude
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§78. Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude If the landowner who purported to create the mineral servitude acquires the previously outstanding mineral servitude, after having alienated the land, the party in whose favor the d…
La. Rev. Stat. § 31:79 Prescription when after-acquired title doctrine applies; extinction of outstanding
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§79. Prescription when after-acquired title doctrine applies; extinction of outstanding servitude If the landowner who purported to create the servitude remains the owner of the land at the time of the extinction of the previously outstanding rights, the party in whose favor the …
La. Rev. Stat. § 31:8 Landowner's right of enjoyment for mineral extraction
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§8. Landowner's right of enjoyment for mineral extraction A landowner may use and enjoy his property in the most unlimited manner for the purpose of discovering and producing minerals, provided it is not prohibited by law. He may reduce to possession and ownership all of the mine…
La. Rev. Stat. § 31:80 Nature of mineral royalty
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§80. Nature of mineral royalty A mineral royalty is the right to participate in production of minerals from land owned by another or land subject to a mineral servitude owned by another. Unless expressly qualified by the parties, a royalty is a right to share in gross production …
La. Rev. Stat. § 31:81 Executive and operating rights not included
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§81. Executive and operating rights not included The owner of a mineral royalty has no executive rights; nor does he have the right to conduct operations to explore for or produce minerals. Acts 1974, No. 50, §81, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:82 Who may create mineral royalty
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§82. Who may create mineral royalty A mineral royalty may be created either by a landowner who owns mineral rights or by the owner of a mineral servitude. Acts 1974, No. 50, §82, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:83 Creation of mineral royalty by conditional owner
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§83. Creation of mineral royalty by conditional owner A mineral royalty may be created by one 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 condition divesting the ti…
