Title 31, Mineral Code
0 chapters · 230 sections in this title.
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…
La. Rev. Stat. § 31:84 Creation of mineral royalty by usufructuary
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§84. Creation of mineral royalty by usufructuary A usufructuary of land whose usufruct includes mineral rights, or the usufructuary of a mineral servitude, may establish a mineral royalty for the period of his usufruct. Acts 1974, No. 50, §84, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:85 Extinction of mineral royalties
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§85. Extinction of mineral royalties A mineral royalty is extinguished by: (1) prescription resulting from nonuse for ten years; (2) confusion with the title out of which it was created; (3) renunciation of the royalty right on the part of him to whom it is due, or the express re…
La. Rev. Stat. § 31:86 Commencement of prescription of nonuse
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§86. Commencement of prescription of nonuse Prescription of nonuse of a mineral royalty commences from the date on which it is created. Acts 1974, No. 50, §86, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:87 Production as interruption of prescription; commencement of prescription anew
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§87. Production as interruption of prescription; commencement of prescription anew Prescription of nonuse running against a mineral royalty is interrupted by the production of any mineral covered by the act creating the royalty. Prescription is interrupted on the date on which ac…
La. Rev. Stat. § 31:88 Saved production sufficient to interrupt prescription
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§88. Saved production sufficient to interrupt prescription To interrupt prescription it is not necessary that minerals be produced in paying quantities but only that they actually be produced and saved. Acts 1974, No. 50, §88, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:89 Unit production as an interruption of prescription
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§89. Unit production as an interruption of prescription Production from a conventional or compulsory unit including all or part of the tract burdened by a mineral royalty interrupts prescription, but if the unit well is on land other than that burdened by the royalty, the interru…
La. Rev. Stat. § 31:9 Correlative rights of owners of common reservoir or deposit
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§9. Correlative rights of owners of common reservoir or deposit Landowners and others with rights in a common reservoir or deposit of minerals have correlative rights and duties with respect to one another in the development and production of the common source of minerals. Acts 1…
La. Rev. Stat. § 31:90 Tested shut-in well as interruption of prescription
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§90. Tested shut-in well as interruption of prescription When there exists on a tract of land burdened by a mineral royalty, 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 pro…
La. Rev. Stat. § 31:91 Unitization with tested shut-in well; effect as interruption of prescription
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§91. Unitization with tested shut-in well; effect as interruption of prescription If the land or part thereof, burdened by a mineral royalty is included in a conventional or compulsory unit on which there is a well shut in prior to the creation of the unit, located on other land …
La. Rev. Stat. § 31:92 Interruption applicable to all minerals
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§92. Interruption applicable to all minerals An interruption of prescription applies to all types of minerals covered by the act creating the mineral royalty. Acts 1974, No. 50, §92, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:93 Application of rules concerning acknowledgment and extension of prescription
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§93. Application of rules concerning acknowledgment and extension of prescription Subject to the special rules provided in Articles 94 through 96, the rules applicable to acknowledgments and extensions of prescription running against mineral servitudes are applicable to mineral r…
La. Rev. Stat. § 31:94 Acknowledgment by servitude owner of previously created mineral royalty
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§94. Acknowledgment by servitude owner of previously created mineral royalty When a mineral royalty is created by a landowner who has subsequently created a mineral servitude, the owner of the mineral servitude may acknowledge the previously created royalty for the purpose of int…
La. Rev. Stat. § 31:95 Limited effect of acknowledgment of previously created royalty
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§95. Limited effect of acknowledgment of previously created royalty When an acknowledgment is made by either the owner of a mineral servitude who takes title subsequent to the creation of a mineral royalty by the landowner or by a co-owner of a mineral servitude who acquires his …
La. Rev. Stat. § 31:96 Previously created royalty; dependency on mineral servitude when acknowledged
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§96. Previously created royalty; dependency on mineral servitude when acknowledged When for the purpose of interrupting prescription the owner of a mineral servitude acknowledges a mineral royalty previously created by the landowner, the royalty thereafter depends upon the contin…
La. Rev. Stat. § 31:97 Prescription not affected by minority or other disability
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§97. 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 royalty. Acts 1974, No. 50, §97, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:98 Suspension of prescription by obstacle
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§98. Suspension of prescription by obstacle An obstacle to actual production of minerals that would be sufficient to suspend the prescription of nonuse if the owner of a mineral royalty were the owner of a mineral servitude suspends the prescription of nonuse running against the …
La. Rev. Stat. § 31:99 Obstacle to production from servitude suspends prescription as to dependent royalty
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§99. Obstacle to production from servitude suspends prescription as to dependent royalty An obstacle to the actual production of minerals that suspends the prescription of nonuse running against a mineral servitude burdened by a mineral royalty also suspends the prescription of n…