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0 chapters · 217 sections in this title.
La. Rev. Stat. § 31:143 Summary eviction not applicable
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§143. Summary eviction not applicable A mineral lessee cannot be evicted by summary process. Acts 1974, No. 50, §143, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:144 After-acquired title clause may bind lessor and successors in title
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§144. After-acquired title clause may bind lessor and successors in title A mineral lease may provide that a mineral right that terminates during the existence of the lease and becomes owned by the lessor or his successor in title shall be subject to the lease. If the lease is fi…
La. Rev. Stat. § 31:145 After-acquired title doctrine; applicability in absence of special clause
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§145. After-acquired title doctrine; applicability in absence of special clause If, in the absence of an express provision of the kind contemplated by the preceding Article, a party purports to grant a mineral lease on land or mineral rights that he does not own, any title theret…
La. Rev. Stat. § 31:146 Lessor's privilege
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§146. Lessor's privilege The lessor of a mineral lease has, for the payment of his rent, and other obligations of the lease, a right of pledge on all equipment, machinery, and other property of the lessee on or attached to the property leased. The right also extends to property o…
La. Rev. Stat. § 31:147 Right to seize property on premises or within fifteen days of removal
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§147. Right to seize property on premises or within fifteen days of removal The mineral lessor may seize the property subject to his privilege before the lessee removes it from the leased premises, or within fifteen days after it has been removed by the lessee without the consent…
La. Rev. Stat. § 31:148 Manner of enforcement
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§148. Manner of enforcement The mineral lessor may enforce his right of pledge in the same manner as the right of pledge accorded other lessors. Acts 1974, No. 50, §148, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:149 Mineral rights reserved from acquisitions of land by governments or agencies thereof
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§149. Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescriptive period in acquisitions for economic development A. "Acquiring authority" for the purposes of this Section means (1) the United States, the state of Louisiana, …
La. Rev. Stat. § 31:15 Right of landowner to convey, reserve, or lease right to explore and develop
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§15. Right of landowner to convey, reserve, or lease right to explore and develop A landowner may convey, reserve, or lease his right to explore and develop his land for production of minerals and to reduce them to possession. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:153 How mineral rights are possessed
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§153. How mineral rights are possessed Mineral rights are possessed by their use or exercise according to their nature. Acts 1974, No. 50, §153, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:154 Possession under title as including mineral rights
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§154. Possession under title as including mineral rights One who establishes corporeal possession of land as owner under an act translative of title is in possession of the rights in minerals inherent in perfect ownership of land except to the extent mineral rights are reserved i…
La. Rev. Stat. § 31:155 Possession without title as including mineral rights
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§155. Possession without title as including mineral rights A possessor of land as owner without title possesses the mineral rights inherent in perfect ownership of land. Acts 1974, No. 50, §155, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:156 Interruption of possession by use or exercise of mineral rights
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§156. Interruption of possession by use or exercise of mineral rights Possession of mineral rights under Article 154 or 155 is lost by adverse use or exercise of them according to their nature. Loss of possession occurs although the production or operations constituting the adver…
La. Rev. Stat. § 31:157 Interruption of possession by acknowledgment
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§157. Interruption of possession by acknowledgment If a person possessing mineral rights under Article 154 or 155 acknowledges the title to mineral rights of the person against whom he is possessing, his possession of the mineral rights ceases on the date of the acknowledgment. A…
La. Rev. Stat. § 31:158 Interruption of possession by judicial demand
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§158. Interruption of possession by judicial demand If a person possessing mineral rights under Article 154 or 155 is made a party defendant in any action involving the possession or ownership of the mineral rights by the owner thereof, his possession of the mineral rights ceases…
La. Rev. Stat. § 31:159 Mineral rights not established by acquisitive prescription
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§159. Mineral rights not established by acquisitive prescription Mineral rights may not be established by acquisitive prescription. Acts 1974, No. 50, §159, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:16 Basic mineral rights; status as real rights
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§16. Basic mineral rights; status as real rights The basic mineral rights that may be created by a landowner are the mineral servitude, the mineral royalty, and the mineral lease. This enumeration does not exclude the creation of other mineral rights by a landowner. Mineral right…
La. Rev. Stat. § 31:160 Perfection of title by prescription as including mineral rights
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§160. Perfection of title by prescription as including mineral rights When title to land is perfected by a possessor on the basis of acquisitive prescription, the title includes mineral rights to the extent that his possession included mineral rights for the required prescriptive…
La. Rev. Stat. § 31:161 Interruption of acquisitive prescription
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§161. Interruption of acquisitive prescription Acquisitive prescription affecting mineral rights under Article 160 is interrupted by an act or event that results in the loss or cessation of or ouster from possession under Articles 156 through 158. Acts 1974, No. 50, §161, eff. Ja…
La. Rev. Stat. § 31:162 Suspension of acquisitive prescription
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§162. Suspension of acquisitive prescription A cause that suspends the running of the prescription of nonuse applicable to mineral rights has no effect on the accrual of acquisitive prescription in favor of one possessing the surface of the land as owner insofar as his possession…
La. Rev. Stat. § 31:163 Acquisitive prescription; unavailability to mineral servitude owner
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§163. Acquisitive prescription; unavailability to mineral servitude owner The owner of a mineral servitude cannot by any form of possession perfect an acquisitive title against the owner of a mineral royalty burdening his servitude. Acts 1974, No. 50, §163, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:164 Creation of mineral servitude by co-owner of land
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§164. Creation of mineral servitude by co-owner of land A co-owner of land may create a mineral servitude out of his undivided interest in the land, and prescription commences from the date of its creation. One who acquires a mineral servitude from a co-owner of land shall not ex…
La. Rev. Stat. § 31:165 Creation of mineral royalty by co-owner of land
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§165. Creation of mineral royalty by co-owner of land A co-owner of land may create a mineral royalty out of his undivided interest in the land, and the prescription of nonuse commences from the date of its creation. The consent of the co-owner of the party creating the royalty r…
La. Rev. Stat. § 31:166 Granting of mineral lease by co-owner of land
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§166. Granting of mineral lease by co-owner of land A co-owner of land may grant a valid mineral lease or a valid lease or permit for geological surveys, by means of a torsion balance, seismographic explosions, mechanical device, or any other method, as to his undivided interest …
La. Rev. Stat. § 31:167 Mineral right owner may not compel partition of land
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§167. Mineral right owner may not compel partition of land The owner of a mineral right acquired from a co-owner of land cannot compel partition of the land. Acts 1974, No. 50, §167, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:168 Mineral rights susceptible of undivided ownership
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§168. Mineral rights susceptible of undivided ownership Mineral rights are susceptible of ownership in indivision. Acts 1974, No. 50, §168, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:169 Those who are not co-owners of mineral rights
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§169. Those who are not co-owners of mineral rights Co-ownership does not exist between the owner of a mineral right and the owner of the land subject to the right or between the owners of separate mineral rights. Acts 1974, No. 50, §169, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:17 Rescission for lesion beyond moiety unavailable
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§17. Rescission for lesion beyond moiety unavailable A sale of a mineral right is not subject to rescission for lesion beyond moiety. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:170 Right of co-owner of mineral servitude to create mineral royalties
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§170. Right of co-owner of mineral servitude to create mineral royalties A co-owner of a mineral servitude may create a mineral royalty out of his undivided interest in the servitude and prescription of nonuse commences from the date of its creation. The consent of the co-owner o…
La. Rev. Stat. § 31:171 Right of co-owner of mineral lease to create dependent rights
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§171. Right of co-owner of mineral lease to create dependent rights A co-owner of the lessee's interest in a mineral lease may create a dependent right such as an overriding royalty, production payment, net profits interest, or other non-operating interest out of his undivided in…
La. Rev. Stat. § 31:172 Mineral servitudes and royalties subject to partition
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§172. Mineral servitudes and royalties subject to partition Mineral servitudes and royalties are subject to partition. Acts 1974, No. 50, §172, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:173 Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition
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§173. Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition Co-owners of the lessee's interest in a mineral lease may compel partition of their rights. Co-owners of a dependent right created by fewer than all of the co-owners of the lesse…
La. Rev. Stat. § 31:174 Use by one co-owner inures to benefit of all
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§174. Use by one co-owner inures to benefit of all A use or possession of a mineral right inures to the benefit of all co-owners of the right. Acts 1974, No. 50, §174, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:175 Co-owner of mineral servitude may not operate independently
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§175. Co-owner of mineral servitude may not operate independently A co-owner of a mineral servitude shall not conduct operations on the property subject to the servitude without the consent of co-owners owning at least an undivided seventy-five percent interest in the servitude, …
La. Rev. Stat. § 31:176 Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude
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§176. Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude A co-owner of a mineral servitude may act to prevent waste or the destruction or extinction of the servitude, but he cannot impose upon his co-owner liability for any costs of d…
La. Rev. Stat. § 31:177 Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination
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§177. Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination A co-owner of the lessee's interest in a mineral lease may not independently conduct operations or, except as provided in this article and Article 171, deal with the…
La. Rev. Stat. § 31:178 When land burdened by mineral right may be judicially partitioned in kind
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§178. When land burdened by mineral right may be judicially partitioned in kind If land burdened by a mineral right or rights created by fewer than all of the co-owners of the land is judicially partitioned, a partition in kind may not be ordered unless it can be accomplished in …
La. Rev. Stat. § 31:179 Mineral right owner as party to partition of land
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§179. Mineral right owner as party to partition of land If the owner of a mineral right or interest therein is not made a party to an action for partition of the land subject to his right or interest, the partition is not invalid, but the right or interest therein is not extingui…
La. Rev. Stat. § 31:18 Nature of mineral rights
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§18. Nature of mineral rights A mineral right is an incorporeal immovable. It is alienable and heritable. The situs of a mineral right is the parish or parishes in which the land burdened is located. All sales, contracts, and judgments affecting mineral rights are subject to the …
La. Rev. Stat. § 31:180 Appraisal of land to be partitioned required
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§180. Appraisal of land to be partitioned required If the owner of a mineral right or interest therein is made a party to an action for partition of the land subject to his right and it is determined that the partition is to be by licitation, the court shall appoint two appraiser…
La. Rev. Stat. § 31:181 Service of appraisal required
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§181. Service of appraisal required A copy of the appraisal shall be served upon each party to the action together with a notice that the appraisal may be homologated after the expiration of fifteen days from the date of service. Acts 1974, No. 50, §181, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:182 Opposition to appraisal permitted
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§182. Opposition to appraisal permitted An opposition to the appraisal may be filed by any party to the action at any time before homologation and shall be tried as a summary proceeding. Acts 1974, No. 50, §182, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:183 Distribution of proceeds of partition sale
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§183. Distribution of proceeds of partition sale When the owner of a mineral right or interest therein is entitled to participate in the proceeds of the licitation, the court shall order that the proceeds be distributed in the proportion that the homologated value of the interest…
La. Rev. Stat. § 31:184 Effect of failure to appraise mineral right or interest therein
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§184. Effect of failure to appraise mineral right or interest therein If an appraisal of any mineral right or interest therein is not made as herein required, the partition is not invalid, but the right or any interest therein is not extinguished or otherwise affected. Acts 1974,…
La. Rev. Stat. § 31:185 Owner of appraised mineral right entitled to participate in proceeds of sale
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§185. Owner of appraised mineral right entitled to participate in proceeds of sale Except as provided in Articles 186 and 187, the owner of a mineral right or an interest therein appraised in accordance with these articles is entitled to participate proportionally in the proceeds…
La. Rev. Stat. § 31:186 Owner of right derived from all co-owners of land unaffected by licitation
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§186. Owner of right derived from all co-owners of land unaffected by licitation If the rights of an owner of a mineral right or rights or interest or interests therein derive from all of the co-owners of the land, whether by single or separate acts, his rights are unaffected by …
La. Rev. Stat. § 31:187 Mineral right created by party acquiring land not affected by sale
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§187. Mineral right created by party acquiring land not affected by sale If the whole of the land is adjudicated to the party who created a mineral right or to his successor, the right is not extinguished or otherwise affected and the mineral right owner has no interest in the pr…
La. Rev. Stat. § 31:188 Mineral rights not included in usufruct of land except as specifically provided
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§188. Mineral rights not included in usufruct of land except as specifically provided Except as specially provided in Articles 189 through 191, the usufruct of land does not include the landowner's rights in minerals. Acts 1974, No. 50, §188, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:189 Conventional usufruct may include enjoyment of mineral rights
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§189. Conventional usufruct may include enjoyment of mineral rights A conventional usufruct, including one created by a donation inter vivos or mortis causa, may by express provision include the use and enjoyment of all or a specified portion of the landowner's rights in minerals…
La. Rev. Stat. § 31:19 Capacity to create mineral rights
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§19. Capacity to create mineral rights Capacity to create a mineral right is established by the laws governing capacity to alienate immovables. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:190 Usufructuary of land entitled to enjoyment of mines or quarries worked; exception
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§190. Usufructuary of land entitled to enjoyment of mines or quarries worked; exception A. If a usufruct of land is that of parents during marriage, or any other legal usufruct, or if there is no provision including the use and enjoyment of mineral rights in a conventional usufru…
