Title 31, Mineral Code
0 chapters · 230 sections in this title.
La. Rev. Stat. § 31:1 Title and form of citation
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§1. Title and form of citation This Chapter shall be known as the Louisiana Mineral Code. The provisions hereunder may be referred to or cited either as Articles of the Mineral Code or as Sections of the Revised Statutes. Thus Article 30 of the Louisiana Mineral Code may also be …
La. Rev. Stat. § 31:10 Liability to others with interests in common reservoir or deposit
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§10. Liability to others with interests in common reservoir or deposit A person with rights in a common reservoir or deposit of minerals may not make works, operate, or otherwise use his rights so as to deprive another intentionally or negligently of the liberty of enjoying his r…
La. Rev. Stat. § 31:100 Suspension effective as to all minerals
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§100. Suspension effective as to all minerals An obstacle to production of any mineral covered by an act creating a mineral royalty suspends the running of prescription as to all minerals covered by the act. Acts 1974, No. 50, §100, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:101 Mineral royalty indivisible except as specifically provided
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§101. Mineral royalty indivisible except as specifically provided Subject to the exceptions provided in Articles 63 through 71 applicable to mineral servitudes, the rights and obligations of the owner of a mineral royalty are indivisible. Acts 1974, No. 50, §101, eff. Jan. 1, 197…
La. Rev. Stat. § 31:102 Rule regarding effect of partial conveyance; applicability to mineral royalty
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§102. Rule regarding effect of partial conveyance; applicability to mineral royalty Article 69 is applicable as between the owner of land or of a mineral servitude and the owner of a mineral royalty burdening either. Acts 1974, No. 50, §102, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:103 Freedom of contract; application of rules to mineral royalty
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§103. Freedom of contract; application of rules to mineral royalty Articles 72 through 75 regarding conventional alteration of the legal incidents of creation of mineral servitudes are applicable to mineral royalties. Acts 1974, No. 50, §103, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:104 Rules applicable to transactions involving outstanding servitudes; applicability to mineral royalties
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§104. Rules applicable to transactions involving outstanding servitudes; applicability to mineral royalties Articles 76 through 79 concerning transactions involving outstanding mineral servitudes are applicable to mineral royalties, including those created by a mineral servitude …
La. Rev. Stat. § 31:105 Nature of executive right
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§105. Nature of executive right The executive right is the exclusive right to grant mineral leases of specified land or mineral rights. Unless restricted by contract it includes the right to retain bonuses and rentals. The owner of the executive right may lease the land or minera…
La. Rev. Stat. § 31:106 Executive right a mineral right
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§106. Executive right a mineral right The executive right is a mineral right. It may exist independently or as a part of another form of mineral right, such as a mineral servitude. Acts 1974, No. 50, §106, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:107 Interruption of prescription accruing against executive right
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§107. Interruption of prescription accruing against executive right The prescription of nonuse of an executive right existing independently is interrupted by an act or event that would be sufficient to interrupt prescription accruing against a mineral servitude. Acts 1974, No. 50…
La. Rev. Stat. § 31:108 Nature of executive and nonexecutive interests
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§108. Nature of executive and nonexecutive interests An executive interest is a mineral right that includes an executive right. Nonexecutive interests are those that do not include the executive right, such as the mineral royalty, a landowner's interest in minerals the executive …
La. Rev. Stat. § 31:109 Obligation of owner of executive interest
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§109. Obligation of owner of executive interest The owner of an executive interest is not obligated to grant a mineral lease, but in doing so, he must act in good faith and in the same manner as a reasonably prudent landowner or mineral servitude owner whose interest is not burde…
La. Rev. Stat. § 31:11 Reasonable regard for concurrent uses of the land burdened by mineral rights
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§11. Reasonable regard for concurrent uses of the land burdened by mineral rights A. The owner of land burdened by a mineral right or rights and the owner of a mineral right must exercise their respective rights with reasonable regard for those of the other. Similarly the owners …
La. Rev. Stat. § 31:110 Lease in violation of obligation valid; right of nonexecutive to damages
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§110. Lease in violation of obligation valid; right of nonexecutive to damages A mineral lease granted in violation of the standard of conduct required by Article 109 is not invalid for that reason, but the owner of a nonexecutive interest may recover any damages sustained by him…
La. Rev. Stat. § 31:111 Effect of certain transactions involving executive right
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§111. Effect of certain transactions involving executive right A mineral servitude from which the executive right has been separated is not thereby transformed into a mineral royalty. The creation of a mineral royalty accompanied by a grant of the executive right does not change …
La. Rev. Stat. § 31:112 Right of nonexecutive to operate
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§112. Right of nonexecutive to operate When the executive right is separated from a mineral servitude or ownership of the land, the land or servitude owner has the right, with the consent of the owner of the executive right, to conduct drilling or mining operations on the land. A…
La. Rev. Stat. § 31:113 Executive right as appendage of another mineral right
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§113. Executive right as appendage of another mineral right When a mineral right is created and is accompanied by an executive right on the subject land or mineral right, the executive right is an appendage of the mineral right that it accompanies and is extinguished with it. Act…
La. Rev. Stat. § 31:114 Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations
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§114. Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations A mineral lease is a contract by which the lessee is granted the right to explore for and produce minerals. A single lease may be created on two or more noncontiguous tracts of land. Operat…
La. Rev. Stat. § 31:115 Requirement of term; limitation of continuation without drilling or mining operations
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§115. Requirement of term; limitation of continuation without drilling or mining operations or production A. The interest of a mineral lessee is not subject to the prescription of nonuse, but the lease must have a term. Except as provided in this Article, a lease shall not be con…
La. Rev. Stat. § 31:116 Who may grant a mineral lease
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§116. Who may grant a mineral lease A mineral lease may be granted by a person having an executive interest in the mineral rights on the property leased. Acts 1974, No. 50, §116, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:117 Granting of mineral lease by owner under conditional title
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§117. Granting of mineral lease by owner under conditional title A mineral lease may be granted by the owner of an executive interest whose title is extinguished at a particular time or upon the occurrence of a certain condition, but it terminates at the specified time or on occu…
La. Rev. Stat. § 31:118 Right of usufructuaries to lease
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§118. Right of usufructuaries to lease A usufructuary of land may grant a mineral lease on the estate of which he has the usufruct if his usufruct includes mineral rights susceptible to leasing, but any such lease is extinguished with the termination of the usufruct. A usufructua…
La. Rev. Stat. § 31:119 Obligations of lessor
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§119. Obligations of lessor A mineral lessor is bound to deliver the premises that he has leased for use by the lessee, to refrain from disturbing the lessee's possession, and to perform the contract in good faith. Acts 1974, No. 50, §119, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:12 Protection of landowner's interest in minerals
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§12. Protection of landowner's interest in minerals Except as provided in Article 14, the owner of land may protect his rights in minerals against trespass, damage, and other wrongful acts of interference by all means available for the protection of ownership. Acts 1974, No. 50, …
La. Rev. Stat. § 31:120 Lessor's warranty and limitation of liability for breach thereof
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§120. Lessor's warranty and limitation of liability for breach thereof A mineral lessor impliedly warrants title to the interest leased unless such warranty is expressly excluded or limited. The liability of the lessor for breach of warranty is limited to recovery of money paid o…
La. Rev. Stat. § 31:121 Right of lessee to lease from adverse claimants
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§121. Right of lessee to lease from adverse claimants A mineral lessee may take leases from persons claiming the leased land or mineral rights or interests therein adversely to his lessor. Acts 1974, No. 50, §121, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:122 Lessee's obligation to act as reasonably prudent operator
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§122. Lessee's obligation to act as reasonably prudent operator A mineral lessee is not under a fiduciary obligation to his lessor, but he is bound to perform the contract in good faith and to develop and operate the property leased as a reasonably prudent operator for the mutual…
La. Rev. Stat. § 31:123 Rent and the obligation to make timely payment thereof
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§123. Rent and the obligation to make timely payment thereof Payments to the lessor for the maintenance of a mineral lease without drilling or mining operations or production or for the maintenance of a lease during the presence on the lease or any land unitized therewith of a we…
La. Rev. Stat. § 31:124 Production in paying quantities required; definition
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§124. Production in paying quantities required; definition When a mineral lease is being maintained by production of oil or gas, the production must be in paying quantities. It is considered to be in paying quantities when production allocable to the total original right of the l…
La. Rev. Stat. § 31:125 Amount of royalties relevant to reasonableness of lessee's expectation
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§125. Amount of royalties relevant to reasonableness of lessee's expectation In applying Article 124, the amount of the royalties being paid may be considered only insofar as it may show the reasonableness of the lessee's expectation in continuing production. The amount need not …
La. Rev. Stat. § 31:126 Interests created out of lessee's interest dependent thereon and not prescriptible
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§126. Interests created out of lessee's interest dependent thereon and not prescriptible An interest created out of the mineral lessee's interest is dependent on the continued existence of the lease and is not subject to the prescription of nonuse. Acts 1974, No. 50, §126, eff. J…
La. Rev. Stat. § 31:127 Lessee's right to assign or sublease
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§127. Lessee's right to assign or sublease The lessee's interest in a mineral lease may be assigned or subleased in whole or in part. Acts 1974, No. 50, §127, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:128 Responsibility of assignee or sublessee to original lessor
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§128. Responsibility of assignee or sublessee to original lessor To the extent of the interest acquired, an assignee or sublessee acquires the rights and powers of the lessee and becomes responsible directly to the original lessor for performance of the lessee's obligations. Acts…
La. Rev. Stat. § 31:129 Assignor or sublessor not relieved of obligations or liabilities unless discharged
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§129. Assignor or sublessor not relieved of obligations or liabilities unless discharged An assignor or sublessor is not relieved of his obligations or liabilities under a mineral lease unless the lessor has discharged him expressly and in writing. Acts 1974, No. 50, §129, eff. J…
La. Rev. Stat. § 31:13 Damages for removal of solid minerals
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§13. Damages for removal of solid minerals A landowner may recover damages for the unauthorized removal from his land by any means of minerals occurring naturally in a solid state. Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:130 Lease not divided by partial assignment or sublease
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§130. Lease not divided by partial assignment or sublease A partial assignment or partial sublease does not divide a mineral lease. Acts 1974, No. 50, §130, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:131 Lessor must accept performance by assignee or sublessee
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§131. Lessor must accept performance by assignee or sublessee A mineral lessor must accept performance by an assignee or sublessee whether or not the assignment or sublease is filed for registry. Acts 1974, No. 50, §131, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:132 Demands by lessor; effect on assignee or sublessee
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§132. Demands by lessor; effect on assignee or sublessee An assignee or sublessee is bound by any notice or demand by the lessor on the lessee unless the lessor has been given written notice of the assignment or sublease and the assignment or sublease has been filed for registry.…
La. Rev. Stat. § 31:133 Termination of mineral lease
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§133. Termination of mineral lease A mineral lease terminates at the expiration of the agreed term or upon the occurrence of an express resolutory condition. Acts 1974, No. 50, §133, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:134 Right to relief for violation
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§134. Right to relief for violation If a mineral lease is violated, an aggrieved party is entitled to any appropriate relief provided by law. Acts 1974, No. 50, §134, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:135 Rules of default applicable except as specified
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§135. Rules of default applicable except as specified The provisions of the Louisiana Civil Code concerning putting in default are applicable to mineral leases subject to the following modifications. Acts 1974, No. 50, §135, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:136 Written notice; requirement and effect on claims for damages or dissolution of lease
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§136. Written notice; requirement and effect on claims for damages or dissolution of lease If a mineral lessor seeks relief from his lessee arising from drainage of the property leased or from any other claim that the lessee has failed to develop and operate the property leased a…
La. Rev. Stat. § 31:137 Nonpayment of royalties; notice prerequisite to judicial demand
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§137. Nonpayment of royalties; notice prerequisite to judicial demand If a mineral lessor seeks relief for the failure of his lessee to make timely or proper payment of royalties, he must give his lessee written notice of such failure as a prerequisite to a judicial demand for da…
La. Rev. Stat. § 31:138 Required response of lessee to notice
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§138. Required response of lessee to notice The lessee shall have thirty days after receipt of the required notice within which to pay the royalties due or to respond by stating in writing a reasonable cause for nonpayment. The payment or nonpayment of the royalties or stating or…
La. Rev. Stat. § 31:138.1 Division order; precedence of lease; penalties for failure to pay royalties due
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§138.1. Division order; precedence of lease; penalties for failure to pay royalties due A. For the purposes of this Article, a "division order" is an instrument setting forth the proportional ownership in minerals or other substances, or the value thereof, that is prepared after …
La. Rev. Stat. § 31:139 Effect of payment in response to notice
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§139. Effect of payment in response to notice If the lessee pays the royalties due in response to the required notice, the remedy of dissolution shall be unavailable unless it be found that the original failure to pay was fraudulent. The court may award as damages double the amou…
La. Rev. Stat. § 31:14 Drainage of fugitive minerals; exclusion of liability; exceptions
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§14. Drainage of fugitive minerals; exclusion of liability; exceptions A landowner has no right against another who causes drainage of liquid or gaseous minerals from beneath his property if the drainage results from drilling or mining operations on other lands. This does not aff…
La. Rev. Stat. § 31:140 Effect of nonpayment in response to notice or failure to state cause therefor
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§140. Effect of nonpayment in response to notice or failure to state cause therefor If the lessee fails to pay royalties due or fails to inform the lessor of a reasonable cause for failure to pay in response to the required notice, the court may award as damages double the amount…
La. Rev. Stat. § 31:141 Dissolution not a favored remedy
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§141. Dissolution not a favored remedy In a case where notice of failure to pay royalties is required, dissolution should be granted only if the conduct of the lessee, either in failing to pay originally or in failing to pay in response to the required notice, is such that the re…
La. Rev. Stat. § 31:142 Dissolution may be partial or entire
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§142. Dissolution may be partial or entire A mineral lease may be dissolved partially or in its entirety. A decree of partial dissolution may be made applicable to a specified portion of land, to a particular stratum or strata, or to a particular mineral or minerals. Acts 1974, N…