La. Rev. Stat. § 31:20 — LA Code / Code revised-statutes / Title 31 / Section 20
Authority to create mineral rights
Status: in_force

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. § 31:149 — LA Code / Code revised-statutes / Title 31 / Section 149
Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescriptive period in acquisitions for economic development
Status: repealed

A. "Acquiring authority" for the purposes of this Section means (1) the United States, the state of Louisiana, and a subdivision, department, or agency of either the United States or the state of Louisiana; (2) any legal entity with authority to expropriate or condemn, except an electric public utility acquiring land without expropriation. An electric public utility acquiring land through expropriation shall be considered as an acquiring authority; and (3) a nonprofit entity, recognized under Sections 501(c)(3) and 170 of the Internal Revenue Code as being organized and operated as a public charitable organization, that is certified by the secretary of the Department of Conservation and Energy to be a state or national land conservation organization. The certification shall be in writing and shall be a public record. The certification shall not, for that reason alone, be construed to authorize the nonprofit entity to exercise expropriation powers. With respect to certifications occurring on and after August 1, 2004, an entity's certification shall require approval by official action of both the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment.

B. When land is acquired from any person by an acquiring authority through act of sale, exchange, donation, or other contract, or by condemnation, appropriation, or expropriation, and a mineral right subject to the prescription of nonuse is reserved in the instrument or judgment by which the land is acquired, prescription of the mineral right is interrupted as long as title to the land remains with the acquiring authority, or any successor that is also an acquiring authority. The instrument or judgment shall reflect the intent to reserve or exclude the mineral rights from the acquisition and their imprescriptibility as authorized under the provisions of this Section and shall be recorded in the conveyance records of the parish in which the land is located.

C. If part of the land subject to the mineral right as set forth in Subsection B is divested by the acquiring authority to another who is not an acquiring authority, the mineral right is not divided. However, prescription of the mineral right as to the land divested shall commence and accrue unless it is interrupted by use of the mineral right.

D. If a mineral right subject to prescription has already been established over land at the time it is acquired by an acquiring authority, the mineral right shall continue to be subject to the prescription of nonuse to the same extent as if the acquiring authority had not acquired the land. Upon the prescription or other extinction of such mineral right, the transferor of the land shall without further action or agreement become vested with a mineral right identical to that extinguished, if (1) the instrument or judgment by which the land was acquired expressly reserves or purports to reserve the mineral right to the transferor, whether or not the transferor then actually owns the mineral right that is reserved, and (2) the land is still owned by an acquiring authority at the time of extinguishment.

E. Rights or interests in land originally acquired by an acquiring authority through expropriation and subject to a mineral reservation shall not be transferred by the same or subsequent acquiring authority to another who is not an acquiring authority, unless an exception is provided in R.S. 41:1338 or prior to the transfer:

(1) The acquiring authority first offers to sell or transfer the same right or interest back to the person or entity, or his heirs or successors, from whom such right or interest was originally acquired, if such person or entity still retains the mineral rights reserved.

(2) The offer shall be in writing and shall be based upon the fair market value of the right or interest.

(3) The offer shall be delivered by certified mail, return receipt requested, to the last known address of the grantor. The grantor shall have thirty calendar days from the date of receipt to accept or reject the offer in writing. Failure to respond timely shall create a presumption of rejection of the offer.

(4) If the last known address of the grantor cannot be determined, or if there has been no written response from the grantor to the acquiring authority accepting or rejecting the offer after thirty calendar days from date of receipt, the acquiring authority may institute a civil action by summary proceeding to show cause why the offer should not be considered rejected. A grantor whose last known address cannot be determined shall be treated as an absentee defendant.

F. The provisions of Subsection E shall not apply to any property acquired or disposed of by the Department of Transportation and Development pursuant to Part XII or Part XVIII of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950.

G. The provisions of this Chapter shall not apply to:

(1) A transfer to an acquiring authority arising from the nonpayment of ad valorem taxes, or by enforcement of privileges, mortgages, judgments or other obligations for money.

(2) A transfer in which the acquiring authority neither expressly reserves or excludes nor conveys to the transferor a mineral right otherwise subject to prescription.

(3) A transfer to an acquiring authority of land with an existing mineral right subject to prescription in which the instrument or judgment transferring the land does not expressly purport to reserve the mineral right to the transferor or otherwise exclude the mineral right from the acquisition.

(4) Any lands or mineral rights that are the subject of agreements made pursuant to R.S. 41:1702.

H.(1) Notwithstanding any provision of law to the contrary, when land within the Atchafalaya Basin Floodway is acquired from any person by an acquiring authority by conventional deed, donation, or other contract or by condemnation or expropriation proceedings and by the act of acquisition, order, or judgment, a mineral right otherwise subject to the prescription of nonuse is reserved, the prescription of nonuse shall thereafter not run against the right whether the title to the land remains in the acquiring authority, or is subsequently transferred to a third person, public or private.

(2) For purposes of this Section, "Atchafalaya Basin Floodway" means that area bounded by U.S. Highway 190 on the north, U.S. Highway 90 on the south, the East Atchafalaya Basin Protection levee on the east, and the West Atchafalaya Basin Protection levee on the west.

I. When land is acquired from any person by an acquiring authority or other person, through act of sale, exchange, donation, or other contract, as part of an economic development project pursuant to a cooperative endeavor agreement between the acquiring authority and the state through Louisiana Economic Development, as evidenced in a certification by the secretary of Louisiana Economic Development attached to the instrument by which the land is acquired, and a mineral right subject to the prescription of nonuse is reserved in the instrument by which the land is acquired, the prescription of nonuse shall be for a period of twenty years from the date of acquisition whether the title to the land remains in the acquiring authority or is subsequently transferred to a third person, public or private.

Acts 1990, No. 37, §1; Acts 1991, No. 745, §1; Acts 2004, No. 919, §1, eff. Aug. 1, 2004; Acts 2008, No. 580, §3; Acts 2013, No. 91, §1, eff. June 4, 2013; Acts 2014, No. 473, §1; Acts 2016, No. 60, §1; Acts 2023, No. 150, §6, eff. Jan. 10, 2024.
La. Rev. Stat. § 31:143 — LA Code / Code revised-statutes / Title 31 / Section 143
Summary eviction not applicable
Status: in_force

A mineral lessee cannot be evicted by summary process.

Acts 1974, No. 50, §143, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:82 — LA Code / Code revised-statutes / Title 31 / Section 82
Who may create mineral royalty
Status: in_force

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. § 31:204 — LA Code / Code revised-statutes / Title 31 / Section 204
Security interest in minerals and proceeds thereof
Status: in_force

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 these security interests against obligors and third persons.

Acts 1974, No. 50, §204, eff. Jan. 1, 1975; Acts 1989, No. 137, §10, eff. Sept. 1, 1989; Acts 2023, No. 88, §1.

{{NOTE: SEE ACTS 1989, NO. 137, §§20 AND 21.}}
La. Rev. Stat. § 31:177 — LA Code / Code revised-statutes / Title 31 / Section 177
Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination
Status: in_force

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 interest without the consent of his co-owner. He may act to prevent waste, destruction, or termination of the lease and to protect the interest of all, but cannot impose upon his co-owner liability for any costs or expenses except out of production. In so acting he must act in good faith and must deal with the interest of the remaining owner or owners in the manner of a reasonably prudent lessee whose interest is not subject to co-ownership.

Acts 1974, No. 50, §177, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:91 — LA Code / Code revised-statutes / Title 31 / Section 91
Unitization with tested shut-in well; effect as interruption of prescription
Status: in_force

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 within the unit, and capable of producing in paying quantities as required by Article 90, prescription is interrupted on and commences anew from the effective date of the order or act creating the unit.

Acts 1974, No. 50, §91, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:178 — LA Code / Code revised-statutes / Title 31 / Section 178
When land burdened by mineral right may be judicially partitioned in kind
Status: in_force

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 such fashion that the allocation of tracts to the co-owners assures that both surface and mineral values of each tract are in the same proportion to the total value of the surface and the mineral rights respectively as each co-owner's interest bears to the whole of the surface and mineral rights respectively and that partition in kind will not significantly impair the ability of any owner subject to the partition to develop the minerals on his own tract.

Acts 1974, No. 50, §178, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1.
La. Rev. Stat. § 31:64 — LA Code / Code revised-statutes / Title 31 / Section 64
Presumption when servitudes created on noncontiguous tracts
Status: in_force

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. § 31:83 — LA Code / Code revised-statutes / Title 31 / Section 83
Creation of mineral royalty by conditional owner
Status: in_force

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 title.

Acts 1974, No. 50, §83, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:41 — LA Code / Code revised-statutes / Title 31 / Section 41
Commencement of prescription anew following attempt to restore or secure new production
Status: in_force

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 expectation of success.

Acts 1974, No. 50, §41, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:93 — LA Code / Code revised-statutes / Title 31 / Section 93
Application of rules concerning acknowledgment and extension of prescription
Status: in_force

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 royalties.

Acts 1974, No. 50, §93, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:185 — LA Code / Code revised-statutes / Title 31 / Section 185
Owner of appraised mineral right entitled to participate in proceeds of sale
Status: in_force

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 of the licitation, and his interest is extinguished by the sale.

Acts 1974, No. 50, §185, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:172 — LA Code / Code revised-statutes / Title 31 / Section 172
Mineral servitudes and royalties subject to partition
Status: in_force

Mineral servitudes and royalties are subject to partition.

Acts 1974, No. 50, §172, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:25 — LA Code / Code revised-statutes / Title 31 / Section 25
Right of conditional landowner to create mineral servitude
Status: in_force

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 condition divesting the title.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:190 — LA Code / Code revised-statutes / Title 31 / Section 190
Usufructuary of land entitled to enjoyment of mines or quarries worked; exception
Status: in_force

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 usufruct, the usufructuary is entitled to the use and enjoyment of the landowner's rights in minerals as to mines or quarries actually worked at the time the usufruct was created.

B. If a usufruct of land is that of a surviving spouse, whether legal or conventional, and there is no contrary provision in the instrument creating the usufruct, the usufructuary is entitled to the use and enjoyment of the landowner's rights in minerals, whether or not mines or quarries were actually worked at the time the usufruct was created. However, the rights to which the usufructuary is thus entitled shall not include the right to execute a mineral lease without the consent of the naked owner.

Acts 1974, No. 50, §190, eff. Jan. 1, 1975; Acts 1986, No. 245, §1.
La. Rev. Stat. § 31:43 — LA Code / Code revised-statutes / Title 31 / Section 43
When a person is acting on behalf of servitude owner
Status: in_force

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 intended to act for the servitude owner. Silence or inaction by the servitude owner will not suffice to establish that a person is acting on behalf of the servitude owner.

Acts 1974, No. 50, §43, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:96 — LA Code / Code revised-statutes / Title 31 / Section 96
Previously created royalty; dependency on mineral servitude when acknowledged
Status: in_force

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 continued existence of the servitude.

Acts 1974, No. 50, §96, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:52 — LA Code / Code revised-statutes / Title 31 / Section 52
Right to claim production in absence of adoption
Status: in_force

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 resulting in production or the date on which his servitude prescribed, whichever occurs first. If he does so, he is obligated to pay his proportionate share of the cost of development and operation accrued prior to the date on which his servitude prescribed unless the person conducting the operations was in legal or moral bad faith.

Acts 1974, No. 50, §52, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:174 — LA Code / Code revised-statutes / Title 31 / Section 174
Use by one co-owner inures to benefit of all
Status: in_force

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. § 31:115 — LA Code / Code revised-statutes / Title 31 / Section 115
Requirement of term; limitation of continuation without drilling or mining operations or production
Status: in_force

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 continued for a period of more than ten years without drilling or mining operations or production. Except as provided in this Article, if a mineral lease permits continuance for a period greater than ten years without drilling or mining operations or production, the period is reduced to ten years.

B. A lease granting the right to explore for and produce solid minerals, except lignite or other forms of coal, may provide for continuation for a period greater than ten years by the payment of rent at least annually if at the time it is extended beyond ten years a hard mineral susceptible of production in paying quantities has been discovered on the land leased, if the lessee has commenced actual mining operations on neighboring land for production of the mineral discovered, and if the plan of development for such mining operations includes the ultimate production of the discovered mineral from the land leased. Such a lease may be maintained by such payments only as long as the operations are continued with the diligence of a reasonably prudent operator without cessation for more than six calendar months but in no event may the lease be maintained by such payments for longer than twenty years.

C.(1) Any lease, granting the right to explore for and produce lignite or another form of coal, which is included within a mining plan and upon which no actual operations have begun, may provide for an extension beyond the initial ten year term for a period of thirty years by the payment of rent, an advance royalty payment or any other form of periodic payment to the lessor, provided the following requirements are satisfied:

(a) Lignite or another form of coal susceptible of being mined has been discovered as a result of acts committed on the land or due to acts providing a reasonable basis of proof of the discovery of the mineral.

(b) A mining plan for the ultimate production of lignite or other forms of coal, together with a permit issued by the secretary, is filed in the conveyance records of the parish or parishes in which the leased land is located.

(c) The mining plan, along with any amendments thereto, provides for the ultimate production of the lignite or other forms of coal from the land leased.

(d) Actual mining operations have begun on land included in the plan, although such operations are not being conducted on the lease being extended.

(2) The mining plan may authorize removal of lignite or other forms of coal from different seams, beds or other deposits and from noncontiguous tracts of land, provided such operations are so integrated as to constitute a single mining plan.

(3) A lease granting the right to explore for and produce lignite or other forms of coal may be extended by payments pursuant to this Subsection as long as mining operations under the plan continue with the diligence of a reasonably prudent operator without cessation for more than five years.

(4) The lease granting the right to explore for and produce lignite or other forms of coal may not be extended for a period greater than forty years unless there have been actual mining operations or production on the land leased or on land unitized therewith.

D. Parties may not contract contrary to the provisions of this Article except to the extent of providing for time periods less than those provided herein or otherwise to increase the obligations of the lessee.

Acts 1974, No. 50, §115, eff. Jan. 1, 1975. Amended by Acts 1976, No. 129, §1; Acts 1980, No. 122, §1; Acts 1982, No. 780, §1; Acts 2025, No. 458, §3, eff. Oct. 1, 2025.
La. Rev. Stat. § 31:142 — LA Code / Code revised-statutes / Title 31 / Section 142
Dissolution may be partial or entire
Status: in_force

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, No. 50, §142, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:133 — LA Code / Code revised-statutes / Title 31 / Section 133
Termination of mineral lease
Status: in_force

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. § 31:40 — LA Code / Code revised-statutes / Title 31 / Section 40
Interruption applicable to all minerals and modes of use
Status: in_force

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. § 31:124 — LA Code / Code revised-statutes / Title 31 / Section 124
Production in paying quantities required; definition
Status: in_force

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 lessee to share in production under the lease is sufficient to induce a reasonably prudent operator to continue production in an effort to secure a return on his investment or to minimize any loss.

As to all other minerals, it is sufficient if a reasonably prudent operator would continue production considering the particular circumstances in the light of the nature and customs of the industry involved. In appropriate cases, such as the mining of lignite, a court may consider the total amount of production allocable to the mining plan or project of which a particular lease is a part, rather than merely the amount of production from that lease.

Acts 1974, No. 50, §124, eff. Jan. 1, 1975. Amended by Acts 1976, No. 129, §1.
La. Rev. Stat. § 31:59 — LA Code / Code revised-statutes / Title 31 / Section 59
Suspension of prescription by obstacle
Status: in_force

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. § 31:63 — LA Code / Code revised-statutes / Title 31 / Section 63
Presumption arising from separate description of tracts forming continuous body of land
Status: in_force

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, §63, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:100 — LA Code / Code revised-statutes / Title 31 / Section 100
Suspension effective as to all minerals
Status: in_force

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. § 31:28 — LA Code / Code revised-statutes / Title 31 / Section 28
Commencement of prescription of nonuse
Status: in_force

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. § 31:186 — LA Code / Code revised-statutes / Title 31 / Section 186
Owner of right derived from all co-owners of land unaffected by licitation
Status: in_force

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 the licitation, and he has no interest in the proceeds of the sale.

Acts 1974, No. 50, §186, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:137 — LA Code / Code revised-statutes / Title 31 / Section 137
Nonpayment of royalties; notice prerequisite to judicial demand
Status: in_force

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 damages or dissolution of the lease.

Acts 1974, No. 50, §137, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:12 — LA Code / Code revised-statutes / Title 31 / Section 12
Protection of landowner's interest in minerals
Status: in_force

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, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:209 — LA Code / Code revised-statutes / Title 31 / Section 209
Applicability to demand for dissolution of mineral lease
Status: in_force

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, 1975.
La. Rev. Stat. § 31:214 — LA Code / Code revised-statutes / Title 31 / Section 214
Applicability of Code to existing rights
Status: in_force

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, No. 50, §214, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:53 — LA Code / Code revised-statutes / Title 31 / Section 53
Adoption possible only as specifically provided
Status: in_force

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. § 31:169 — LA Code / Code revised-statutes / Title 31 / Section 169
Those who are not co-owners of mineral rights
Status: in_force

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. § 31:193 — LA Code / Code revised-statutes / Title 31 / Section 193
Nature of usufruct of a mineral right
Status: in_force

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 right according to its nature for the duration of his usufruct.

Acts 1974, No. 50, §193, eff. Jan. 1, 1975. Amended by Acts 1975, No. 589, §2, eff. July 17, 1975.
La. Rev. Stat. § 31:80 — LA Code / Code revised-statutes / Title 31 / Section 80
Nature of mineral royalty
Status: in_force

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 free of mining or drilling and production costs.

Acts 1974, No. 50, §80, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:163 — LA Code / Code revised-statutes / Title 31 / Section 163
Acquisitive prescription; unavailability to mineral servitude owner
Status: in_force

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. § 31:34 — LA Code / Code revised-statutes / Title 31 / Section 34
Shut-in well; testing as interruption of prescription
Status: in_force

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 producing minerals in paying quantities, prescription is interrupted on the date production is obtained by such testing. If only a part of the tract burdened by the servitude is included in such a unit and the unit well is on land other than that burdened by the servitude, the interruption of prescription extends only to that portion of the tract burdened by the servitude included in the unit. Prescription commences anew from the date on which the well is shut in after testing.

Acts 1974, No. 50, §34, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:26 — LA Code / Code revised-statutes / Title 31 / Section 26
Usufructuary may not create mineral servitude
Status: in_force

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. § 31:181 — LA Code / Code revised-statutes / Title 31 / Section 181
Service of appraisal required
Status: in_force

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. § 31:50 — LA Code / Code revised-statutes / Title 31 / Section 50
Adoption a matter of right
Status: in_force

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. § 31:132 — LA Code / Code revised-statutes / Title 31 / Section 132
Demands by lessor; effect on assignee or sublessee
Status: in_force

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. If filing and notice have taken place, any subsequent notice or demand by the lessor must be made on the assignee or sublessee.

Acts 1974, No. 50, §132, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:113 — LA Code / Code revised-statutes / Title 31 / Section 113
Executive right as appendage of another mineral right
Status: in_force

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.

Acts 1974, No. 50, §113, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:138.1 — LA Code / Code revised-statutes / Title 31 / Section 138.1
Division order; precedence of lease; penalties for failure to pay royalties due
Status: in_force

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 examination of title and that is executed by the owners of the production or other persons having authority to act on behalf of the owners thereof.

B. A division order shall not alter or amend the terms of the mineral lease. A division order that varies the terms of the mineral lease is invalid to the extent of the variance, and the terms of the mineral lease take precedence.

C. The execution of a division order is not a condition precedent to receiving payment from a lessee. The lessee shall not withhold royalty payments because his lessor has not executed a division order.

D. If the lessee fails to pay royalties solely because his lessor has not executed a division order as defined in this Article, the court shall award as damages double the amount of royalties due, legal interest on that sum from the date due, and reasonable attorney's fees. However, if the lessor fails to supply the name, address, and tax identification number upon written request of the lessee, the lessee's failure to pay royalties shall be deemed reasonable. Acts 1992, No. 1110, §1; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:180 — LA Code / Code revised-statutes / Title 31 / Section 180
Appraisal of land to be partitioned required
Status: in_force

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 appraisers who shall separately value the interest in the land or the mineral rights of each party to the action who is or may be entitled to participate in the proceeds of the sale.

Acts 1974, No. 50, §180, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:140 — LA Code / Code revised-statutes / Title 31 / Section 140
Effect of nonpayment in response to notice or failure to state cause therefor
Status: in_force

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 of royalties due, interest on that sum from the date due, and a reasonable attorney's fee regardless of the cause for the original failure to pay royalties. The court may also dissolve the lease in its discretion.

Acts 1974, No. 50, §140, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:102 — LA Code / Code revised-statutes / Title 31 / Section 102
Rule regarding effect of partial conveyance; applicability to mineral royalty
Status: in_force

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. § 31:36 — LA Code / Code revised-statutes / Title 31 / Section 36
Production as interruption of prescription
Status: in_force

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 cessation of actual production.

Acts 1974, No. 50, §36, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:29 — LA Code / Code revised-statutes / Title 31 / Section 29
How prescription of nonuse is interrupted
Status: in_force

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 expectation of discovering and producing minerals in paying quantities at a particular point or depth,

(2) continued at the site chosen to that point or depth, and

(3) conducted in such a manner that they constitute a single operation although actual drilling or mining is not conducted at all times.

Acts 1974, No. 50, §29, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:98 — LA Code / Code revised-statutes / Title 31 / Section 98
Suspension of prescription by obstacle
Status: in_force

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 royalty until the obstacle is removed.

Acts 1974, No. 50, §98, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:107 — LA Code / Code revised-statutes / Title 31 / Section 107
Interruption of prescription accruing against executive right
Status: in_force

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, §107, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:84 — LA Code / Code revised-statutes / Title 31 / Section 84
Creation of mineral royalty by usufructuary
Status: in_force

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. § 31:37 — LA Code / Code revised-statutes / Title 31 / Section 37
Unit production as interruption of prescription
Status: in_force

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 interruption extends only to that portion of the servitude tract included in the unit.

Acts 1974, No. 50, §37, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:48 — LA Code / Code revised-statutes / Title 31 / Section 48
Obligation of servitude owner to pay costs
Status: in_force

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 of the well or mine. He is not obligated to do so if the operations adopted were conducted by a possessor in legal or moral bad faith and resulted in production to which the servitude owner is entitled.

Acts 1974, No. 50, §48, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:189 — LA Code / Code revised-statutes / Title 31 / Section 189
Conventional usufruct may include enjoyment of mineral rights
Status: in_force

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.

Acts 1974, No. 50, §189, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:118 — LA Code / Code revised-statutes / Title 31 / Section 118
Right of usufructuaries to lease
Status: in_force

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 usufructuary of a mineral servitude or other executive interest may grant a mineral lease that extends beyond the term of the usufruct and binds the naked owner of the servitude.

Acts 1974, No. 50, §118, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:57 — LA Code / Code revised-statutes / Title 31 / Section 57
Extended servitude subject to rules of prescription
Status: in_force

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. § 31:38 — LA Code / Code revised-statutes / Title 31 / Section 38
Good faith production for beneficial purpose required
Status: in_force

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 some beneficial purpose.

Acts 1974, No. 50, §38, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:97 — LA Code / Code revised-statutes / Title 31 / Section 97
Prescription not affected by minority or other disability
Status: in_force

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. § 31:7 — LA Code / Code revised-statutes / Title 31 / Section 7
When minerals reduced to possession
Status: in_force

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. § 31:211 — LA Code / Code revised-statutes / Title 31 / Section 211
Availability of mandamus for nonpayment of sums due for production
Status: in_force

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 satisfied by the delivery of production to the purchaser may be compelled by writ of mandamus issued by a court of competent jurisdiction to pay sums due for production purchased by him.

Acts 1974, No. 50, §211, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:154 — LA Code / Code revised-statutes / Title 31 / Section 154
Possession under title as including mineral rights
Status: in_force

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 in the act or the act is expressly made subject to outstanding mineral rights. This Article does not apply to a mineral lessee of the possessor or any of his ancestors.

Acts 1974, No. 50, §154, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:108 — LA Code / Code revised-statutes / Title 31 / Section 108
Nature of executive and nonexecutive interests
Status: in_force

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 right to which has been granted to another, or a mineral servitude the executive right to which has been granted to another.

Acts 1974, No. 50, §108, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:74 — LA Code / Code revised-statutes / Title 31 / Section 74
Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years
Status: in_force

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 greater than ten years is stipulated, the period is reduced to ten years.

Acts 1974, No. 50, §74, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:206 — LA Code / Code revised-statutes / Title 31 / Section 206
Obligation of owner of expired mineral right to furnish recordable act evidencing extinction or expiration of right; mineral lease
Status: in_force

A. Except as provided in Paragraph B of this Article, when a mineral right is extinguished by the accrual of prescription of nonuse, expiration of its term, or otherwise, the former owner shall, within thirty days after written demand by the person in whose favor the right has been extinguished or terminated, furnish the person with a recordable act evidencing the extinction or expiration of the right.

B. When a mineral lease is extinguished prior to the expiration of its primary term, the former lessee shall, within ninety days after the extinguishment, record an act evidencing the extinction or expiration of the lease in the official records of all parishes wherein the lease is recorded.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975. Amended by Acts 1981, No. 612, §1; Acts 1982, No. 358, §1, eff. July 18, 1982; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:129 — LA Code / Code revised-statutes / Title 31 / Section 129
Assignor or sublessor not relieved of obligations or liabilities unless discharged
Status: in_force

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. Jan. 1, 1975.
La. Rev. Stat. § 31:138 — LA Code / Code revised-statutes / Title 31 / Section 138
Required response of lessee to notice
Status: in_force

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 failing to state a reasonable cause for nonpayment within this period has the following effect on the remedies of dissolution and damages.

Acts 1974, No. 50, §138, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:122 — LA Code / Code revised-statutes / Title 31 / Section 122
Lessee's obligation to act as reasonably prudent operator
Status: in_force

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 benefit of himself and his lessor. Parties may stipulate what shall constitute reasonably prudent conduct on the part of the lessee.

Acts 1974, No. 50, §122, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:69 — LA Code / Code revised-statutes / Title 31 / Section 69
Effect of partial conveyances of servitude rights
Status: in_force

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 of the rights granted by the act creating the servitude in a specific geographical area, the servitude is divided.

Acts 1974, No. 50, §69, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:16 — LA Code / Code revised-statutes / Title 31 / Section 16
Basic mineral rights; status as real rights
Status: in_force

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 rights are real rights and are subject either to the prescription of nonuse for ten years or to special rules of law governing the term of their existence.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:114 — LA Code / Code revised-statutes / Title 31 / Section 114
Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations
Status: in_force

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. Operations on or production from the land burdened by the lease or land unitized therewith sufficient to maintain the lease according to its terms will continue the lease in force as to the entirety of the land burdened.

Acts 1974, No. 50, §114, eff. Jan. 1, 1975, Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:72 — LA Code / Code revised-statutes / Title 31 / Section 72
Parties free to contract except as specifically limited
Status: in_force

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. § 31:170 — LA Code / Code revised-statutes / Title 31 / Section 170
Right of co-owner of mineral servitude to create mineral royalties
Status: in_force

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 of the party creating the royalty is not necessary to entitle the royalty owner to receive his proportionate part of production.

Acts 1974, No. 50, §170, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:216 — LA Code / Code revised-statutes / Title 31 / Section 216
Filing
Status: in_force

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 parish or parishes where the lands affected by the mineral rights are located.

Added by Acts 1974, No. 545, §1, eff. Jan. 1, 1975; Acts 2005, No. 169, §7, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
La. Rev. Stat. § 31:183 — LA Code / Code revised-statutes / Title 31 / Section 183
Distribution of proceeds of partition sale
Status: in_force

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 of each party who is entitled to participate in the sale bears to the total homologated value of all of the interests of all of the parties.

Acts 1974, No. 50, §183, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:61 — LA Code / Code revised-statutes / Title 31 / Section 61
Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle
Status: in_force

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 inclusion of land burdened by a servitude that includes the right to develop lignite or coal in a mining plan to conduct surface lignite or other forms of coal mining and reclamation operations is an obstacle to the use of that servitude with respect to all land included in the mining plan provided the following requirements are satisfied:

(1) Lignite or another form of coal susceptible of being mined has been discovered as a result of acts committed on the land or due to acts providing a reasonable basis of proof of the discovery of the mineral.

(2) A mining plan for the ultimate production of lignite or other forms of coal, together with a permit issued by the appropriate government official, is filed in the conveyance records of the parish or parishes in which the land burdened by the servitude is located.

(3) The mining plan along with any amendments thereto, provides for the ultimate production of the lignite or other forms of coal from the land burdened by the servitude.

(4) Actual mining operations have begun on land included in the plan, although such operations are not being conducted on the land burdened by the servitude.

Prescription shall begin to run again when reclamation operations on the land burdened by the servitude are complete, the land burdened by the servitude is deleted from the mining plan, or there is no longer in effect a permit for lignite or other form of coal mining and reclamation as to any land included in the mining plan, whichever is sooner.

Acts 1974, No. 50, §61, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1.
La. Rev. Stat. § 31:212.32 — LA Code / Code revised-statutes / Title 31 / Section 212.32
Accumulation of proceeds from production
Status: in_force

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.

B. Proceeds totaling less than one hundred dollars but more than twenty-five dollars shall be remitted monthly if requested in writing by the person entitled to the proceeds. Amounts less than ten dollars shall be remitted annually if requested in writing by the person entitled to the proceeds.

C. Before proceeds may be accumulated, the payor shall provide notice to the person entitled to such proceeds that there is an option to be paid monthly when the accumulated proceeds exceed ten dollars. Such notice to the person shall also provide directions for requesting monthly payment, and constitutes notice to all heirs, successors, representatives, and assigns of the person.

D. Notwithstanding any other provision of this Section to the contrary, all accumulated proceeds shall be paid to the owner thereof when production ceases or upon relinquishment or transfer of the payment responsibility.

Acts 1995, No. 1116, §2.
La. Rev. Stat. § 31:147 — LA Code / Code revised-statutes / Title 31 / Section 147
Right to seize property on premises or within fifteen days of removal
Status: in_force

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 of the lessor, if it continues to be the property of the lessee, and can be identified.

Acts 1974, No. 50, §147, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:32 — LA Code / Code revised-statutes / Title 31 / Section 32
Interruption by additional operations
Status: in_force

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 general principles stated in Articles 29 through 31.

Acts 1974, No. 50, §32, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:94 — LA Code / Code revised-statutes / Title 31 / Section 94
Acknowledgment by servitude owner of previously created mineral royalty
Status: in_force

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 interrupting prescription.

Acts 1974, No. 50, §94, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:213 — LA Code / Code revised-statutes / Title 31 / Section 213
Definitions
Status: in_force

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 property on which the lease is given.

(2) "Mining Plan" means that plan for development of lignite or other form of coal filed with the appropriate government official in connection with an application for a surface mining permit to conduct operations within some portion of the mining plan. The mining plan indicates the area ultimately to be mined or used for mining operations, and an area of land may be included in a mining plan even though a surface mining permit for operations is limited to a portion of the land in the mining plan or to a specified period of time shorter than the time necessary for full implementation of the mining plan. For purposes of filings under Articles 61, 115, and 191, a mining plan shall consist of a description of the land covered by the filing with the appropriate government official or a plat showing the same. If that official shall disapprove of inclusion of land in the mining plan under his authority under the Surface Mining and Reclamation Act or successor legislation, then the filing of the mining plan will have no effect under Articles 61, 115, and 191 with respect to the land disapproved. If he shall require under his authority under the Surface Mining and Reclamation Act or successor legislation the amendment of a mining plan to include land not included in a previous filing, then the amendment of the mining plan shall have the same effect from the date of the amendment under Articles 61, 115, and 191 as though such additional land had been included in the mining plan. When used in this definition, "appropriate government official" means the commissioner of conservation or other state or federal official who issues permits to conduct surface mining of lignite or other forms of coal within the state of Louisiana.

(3) "Pool" means an underground reservoir containing a common accumulation of crude petroleum or gas or both. Each zone of a general structure that is completely separated from any other zone in the structure is covered by the term "pool."

(4) "Rental" means money or other property given to maintain a mineral lease in the absence of drilling or mining operations or production of minerals. "Rental" does not include payments classified by a lease as constructive production.

(5) "Royalty," as used in connection with mineral leases, means any interest in production, or its value, from or attributable to land subject to a mineral lease, that is deliverable or payable to the lessor or others entitled to share therein. Such interests in production or its value are "royalty," whether created by the lease or by separate instrument, if they comprise a part of the negotiated agreement resulting in execution of the lease. "Royalty" also includes sums payable to the lessor that are classified by the lease as constructive production.

(6) "Unit" means an area of land, deposit, or deposits of minerals, stratum or strata, or pool or pools, or a part or parts thereof, as to which parties with interests therein are bound to share minerals produced on a specified basis and as to which those having the right to conduct drilling or mining operations therein are bound to share investment and operating costs on a specified basis. A unit may be formed by convention or by order of an agency of the state or federal government empowered to do so. A unit formed by order of a governmental agency is termed a "compulsory unit."

(7)(a) "Actual mining operations", as used in connection with the mining of lignite or other forms of coal, means good faith operations to obtain or establish the production of lignite or other forms of coal.

(b) Such operations shall be deemed to have commenced with the good faith initiation of any of the following or other similar types of activity: the removal of existing improvements, construction of railroad spurs, conveyor or transportation facilities for lignite and other forms of coal, and haul roads, construction of electric power lines, relocation of existing pipelines, construction of sedimentation ponds, on-site erection of major equipment for removal or transportation of lignite and other forms of coal and overburden, construction and installation of de-watering facilities, construction of office, shop, or other facilities, the removal of overburden, and other such necessary operations conducted to obtain or utilize lignite or other forms of coal.

(c) The initiation of any of the above or similar activities shall constitute a commencement of actual mining operations when conducted by or under the authority of:

(i) The party mining or commencing the mining of lignite or other forms of coal;

(ii) An affiliated synthetic fuel facility; or

(iii) An affiliated specific major electric generating facility.

Acts 1974, No. 50, §213, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1; Acts 1983, No. 203, §1.
La. Rev. Stat. § 31:217 — LA Code / Code revised-statutes / Title 31 / Section 217
Declaration in lieu of agreement
Status: in_force

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 affected by the mineral rights that are the subject of the agreement, stating in general terms the nature or import of the agreement, and stating where the agreement may be found. The recording officer of the parish in which the declaration is filed may copy into his records only the declaration, without the exhibit attached thereto. The declaration when so filed shall serve as full and complete notice of the agreement to the same extent as if the original agreement had been filed and recorded. The recording officer shall charge only the fees for filing and recording the declaration.

Added by Acts 1974, No. 545, §1, eff. Jan. 1, 1975; Acts 1985, No. 325, §1; Acts 2005, No. 169, §7, eff. July 1, 2006 ; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
La. Rev. Stat. § 31:55 — LA Code / Code revised-statutes / Title 31 / Section 55
Express intent required
Status: in_force

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. § 31:18 — LA Code / Code revised-statutes / Title 31 / Section 18
Nature of mineral rights
Status: in_force

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 laws of registry.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:165 — LA Code / Code revised-statutes / Title 31 / Section 165
Creation of mineral royalty by co-owner of land
Status: in_force

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 right is not necessary to entitle the royalty owner to receive his proportionate part of production.

Acts 1974, No. 50, §165, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:123 — LA Code / Code revised-statutes / Title 31 / Section 123
Rent and the obligation to make timely payment thereof
Status: in_force

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 well capable of production in paying quantities, and royalties paid to the lessor on production are rent. A mineral lessee is obligated to make timely payment of rent according to the terms of the contract or the custom of the mining industry in question if the contract is silent.

Acts 1974, No. 50, §123, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:191 — LA Code / Code revised-statutes / Title 31 / Section 191
When oil and gas wells and lignite operations considered open mines
Status: in_force

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 present on the land or other land unitized therewith, a well shown by surface production test to be capable of producing in paying quantities, the usufructuary is entitled to the use and enjoyment of the landowner's rights in minerals as to all pools penetrated by the well or wells in question.

B. As applied to lignite or another form of coal, the principle stated in Article 190 means that if at the time a usufruct is created the land has been included in a mining plan, the usufructuary is entitled to the use and enjoyment of the landowner's rights in minerals as to all seams proposed to be developed in the mining plan provided the following requirements are satisfied:

(1) Lignite or another form of coal has been discovered as a result of acts committed on the land or due to acts providing a reasonable basis of proof of the discovery of the mineral.

(2) A mining plan for the ultimate production of lignite or other forms of coal, together with a permit issued by the responsible government official, is filed in the conveyance records of the parish or parishes in which the land is located.

(3) Actual mining operations have begun on land included in the plan, although such operations need not be conducted on the land subject to the usufruct.

Acts 1974, No. 50, §191, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1.
La. Rev. Stat. § 31:88 — LA Code / Code revised-statutes / Title 31 / Section 88
Saved production sufficient to interrupt prescription
Status: in_force

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. § 31:109 — LA Code / Code revised-statutes / Title 31 / Section 109
Obligation of owner of executive interest
Status: in_force

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 burdened by a nonexecutive interest.

Acts 1974, No. 50, §109, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:160 — LA Code / Code revised-statutes / Title 31 / Section 160
Perfection of title by prescription as including mineral rights
Status: in_force

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 period.

Acts 1974, No. 50, §160, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:31 — LA Code / Code revised-statutes / Title 31 / Section 31
Operations beyond prescriptive date; effect as interruption
Status: in_force

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, No. 50, §31, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:56 — LA Code / Code revised-statutes / Title 31 / Section 56
Contractual extension of servitude; requirements
Status: in_force

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 acknowledgment and must specify the period for which the servitude is extended.

Acts 1974, No. 50, §56, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:126 — LA Code / Code revised-statutes / Title 31 / Section 126
Interests created out of lessee's interest dependent thereon and not prescriptible
Status: in_force

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. Jan. 1, 1975.
La. Rev. Stat. § 31:139 — LA Code / Code revised-statutes / Title 31 / Section 139
Effect of payment in response to notice
Status: in_force

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 amount of royalties due, interest on that sum from the date due, and a reasonable attorney's fee, provided the original failure to pay royalties was either fraudulent or willful and without reasonable grounds. In all other cases, such as mere oversight or neglect, damages shall be limited to interest on the royalties computed from the date due, and a reasonable attorney's fee if such interest is not paid within thirty days of written demand therefor.

Acts 1974, No. 50, §139, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:70 — LA Code / Code revised-statutes / Title 31 / Section 70
Effect of contracts for use or development of portion of servitude
Status: in_force

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. § 31:161 — LA Code / Code revised-statutes / Title 31 / Section 161
Interruption of acquisitive prescription
Status: in_force

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. Jan. 1, 1975.
La. Rev. Stat. § 31:73 — LA Code / Code revised-statutes / Title 31 / Section 73
Single servitude may not exist on noncontiguous tracts
Status: in_force

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. § 31:21 — LA Code / Code revised-statutes / Title 31 / Section 21
Nature of mineral servitude
Status: in_force

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. § 31:156 — LA Code / Code revised-statutes / Title 31 / Section 156
Interruption of possession by use or exercise of mineral rights
Status: in_force

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 adverse use or exercise are not on the land being possessed. It is sufficient that the production or operations constitute a use of the mineral rights according to the title of the owner thereof. In the case of a mineral lease, the use or exercise must be such that it would interrupt the prescription of nonuse if the lessee had been the owner of a mineral servitude.

Acts 1974, No. 50, §156, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:119 — LA Code / Code revised-statutes / Title 31 / Section 119
Obligations of lessor
Status: in_force

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. § 31:196 — LA Code / Code revised-statutes / Title 31 / Section 196
Obligations of naked owner arising from enjoyment of rights in minerals
Status: in_force

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 usufructuary or those holding rights under him for the value of such use and for all damages caused by the naked owner's mining activities or operations. If the activities or operations are conducted by one to whom the naked owner has granted a mineral right, the naked owner and his grantee are liable in solido for damages suffered by the usufructuary or those holding rights under him.

Acts 1974, No. 50, §196, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:167 — LA Code / Code revised-statutes / Title 31 / Section 167
Mineral right owner may not compel partition of land
Status: in_force

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. § 31:92 — LA Code / Code revised-statutes / Title 31 / Section 92
Interruption applicable to all minerals
Status: in_force

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. § 31:212.1 — LA Code / Code revised-statutes / Title 31 / Section 212.1
Sales relative to minerals after they are severed are subject to the laws of registry
Status: in_force

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 right from which produced, are subject to the laws of registry.

Added by Acts 1979, No. 269, §2. Acts 1993, No. 948, §5, eff. Jan. 1, 1994.
La. Rev. Stat. § 31:71 — LA Code / Code revised-statutes / Title 31 / Section 71
Partial unitization not a division
Status: in_force

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. § 31:188 — LA Code / Code revised-statutes / Title 31 / Section 188
Mineral rights not included in usufruct of land except as specifically provided
Status: in_force

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. § 31:42 — LA Code / Code revised-statutes / Title 31 / Section 42
By whom a mineral servitude may be used
Status: in_force

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. § 31:192 — LA Code / Code revised-statutes / Title 31 / Section 192
Right of usufructuary of land to grant lease
Status: in_force

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 allocable to him under Article 191. If such a lease terminates, or if the land or any part thereof is not under lease at the time the usufruct is created, the usufructuary's right of use and enjoyment includes the right to execute leases as to any rights to which the usufructuary is entitled under Article 190 and, accordingly, to retain bonuses, rentals, or other payments, or the proportionate part thereof, allocable to his interest under Article 191. Such a lease executed by the usufructuary shall not extend beyond the period of his usufruct.

Acts 1974, No. 50, §192, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:212.31 — LA Code / Code revised-statutes / Title 31 / Section 212.31
Payment information to interest owners
Status: in_force

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 products taken in the proportions set out in the division order, which division order is prepared by the purchaser on the basis of the ownership shown in the title opinion prepared after examination of the abstracts and which is executed by the operator, the royalty owners, and the other persons having an interest in the production.

(3) "Interest owner" means a person owning a royalty interest or a working interest in an oil or gas well or unit.

B. Whenever payment is made for oil or gas production to an interest owner, whether pursuant to a division order, lease, servitude, or other agreement, all of the following information shall be included on the check stub or on an attachment to the form of payment, unless the information is otherwise provided on a regular basis:

(1) Lease identification number, if any, or reference to appropriate agreement with identification of the well or unit from which production is attributed.

(2) Month and year of sales or purchases included in the payment.

(3) Total barrels of crude oil or MCF of gas purchased.

(4) Owner's final realizable price per barrel or MCF.

(5) Total amount of severance and other production taxes, with the exception of windfall profit tax.

(6) Net value of total sales from the property after taxes are deducted.

(7) Interest owner's interest, expressed as a decimal fraction, in production from (1) above.

(8) Interest owner's share of the total value of sales prior to any tax deductions.

(9) Interest owner's share of the sales value less his share of the production and severance taxes, as applicable.

Added by Acts 1983, No. 660, §1, eff. Jan. 1, 1984.
La. Rev. Stat. § 31:187 — LA Code / Code revised-statutes / Title 31 / Section 187
Mineral right created by party acquiring land not affected by sale
Status: in_force

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 proceeds of the sale. In such cases, the party to whom the land is adjudicated is entitled to a credit on the total purchase price equal to the proportionate value of the mineral right or interest therein.

Acts 1974, No. 50, §187, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:54 — LA Code / Code revised-statutes / Title 31 / Section 54
Interruption of prescription by acknowledgment; formal requirements
Status: in_force

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 parties, must be filed for registry.

Acts 1974, No. 50, §54, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:3 — LA Code / Code revised-statutes / Title 31 / Section 3
Freedom of contract and limitations thereon
Status: in_force

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 and is not contrary to the public good.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:4 — LA Code / Code revised-statutes / Title 31 / Section 4
Substances to which Code applicable
Status: in_force

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, or other substances occurring naturally in or as a part of the soil or geological formations on or underlying the land.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975; Acts 2024, No. 126, §2.
La. Rev. Stat. § 31:134 — LA Code / Code revised-statutes / Title 31 / Section 134
Right to relief for violation
Status: in_force

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. § 31:205 — LA Code / Code revised-statutes / Title 31 / Section 205
When transfer, assignment, or termination of mortgage or pledge effective against parties dealing with mortgagee or pledgee
Status: in_force

Notwithstanding any other knowledge or notice, no transfer, assignment, or termination of the right of a mortgagee or pledgee under a mortgage or pledge permitted by these articles shall be binding upon any person dealing with the mortgagee or pledgee until thirty days after there has actually been delivered to him a certified or duplicate original copy of the act evidencing the transfer or assignment or proper evidence of the cancellation of the mortgage or pledge from the mortgage records. Any payments made to the mortgagee or pledgee whose rights have been transferred or terminated shall discharge the person paying them in the amount thereof. The mortgagee or pledgee shall hold any amounts so paid for the account of the person properly entitled to receive them.

Acts 1974, No. 50, §205, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:47 — LA Code / Code revised-statutes / Title 31 / Section 47
Compulsory unit operations; adoption unnecessary
Status: in_force

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 prescription takes place without formal adoption by the owner of the servitude.

Acts 1974, No. 50, §47, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:44 — LA Code / Code revised-statutes / Title 31 / Section 44
Adoption of operations by another
Status: in_force

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. § 31:17 — LA Code / Code revised-statutes / Title 31 / Section 17
Rescission for lesion beyond moiety unavailable
Status: in_force

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. § 31:112 — LA Code / Code revised-statutes / Title 31 / Section 112
Right of nonexecutive to operate
Status: in_force

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.

Acts 1974, No. 50, §112, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:13 — LA Code / Code revised-statutes / Title 31 / Section 13
Damages for removal of solid minerals
Status: in_force

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. § 31:210.1 — LA Code / Code revised-statutes / Title 31 / Section 210.1
Interest on purchase payment of production
Status: in_force

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 rate over the time period of the delay shall be paid by the purchaser on all money held for more than thirty days after payment would be due after delivery under the purchase contract. The interest earning period shall be from the date payment is due under the contract to the day disbursement is made.

B. The provisions of this section shall not apply to payments due to any person who is afforded a remedy under R.S. 31:137 through 31:142 or under R.S. 31:212.21 through 212.23 for nonpayment or delayed payment of sums due.

Added by Acts 1982, No. 534, §1.
La. Rev. Stat. § 31:175 — LA Code / Code revised-statutes / Title 31 / Section 175
Co-owner of mineral servitude may not operate independently
Status: in_force

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, provided that the co-owner has made every effort to contact the other co-owners and, if contacted, has offered to contract with them on substantially the same basis that the co-owner has contracted with another co-owner. "Operations" as used in this Article shall include geological surveys, by means of a torsion balance, seismographic explosions, mechanical device, or any other method. A co-owner of the servitude who does not consent to the operations has no liability for the costs of development and operations, except out of his share of production.

Acts 1974, No. 50, §175, eff. Jan. 1, 1975; Acts 1986, No. 1047, §1; Acts 1988, No. 647, §1; Acts 1995, No. 479, §1, eff. June 17, 1995; Acts 2019, No. 350, §1; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:176 — LA Code / Code revised-statutes / Title 31 / Section 176
Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude
Status: in_force

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 development or operation or other costs except out of production. He may lease or otherwise contract regarding the full ownership of the servitude but must act at all times in good faith and as a reasonably prudent mineral servitude owner whose interest is not subject to co-ownership.

Acts 1974, No. 50, §176, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:116 — LA Code / Code revised-statutes / Title 31 / Section 116
Who may grant a mineral lease
Status: in_force

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. § 31:89 — LA Code / Code revised-statutes / Title 31 / Section 89
Unit production as an interruption of prescription
Status: in_force

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 interruption extends only to that portion of the tract included in the unit.

Acts 1974, No. 50, §89, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:162 — LA Code / Code revised-statutes / Title 31 / Section 162
Suspension of acquisitive prescription
Status: in_force

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 may include mineral rights. However, if an obstacle to use of a mineral right is created by an adverse possessor, the accrual of acquisitive prescription as to the right is suspended in the same manner as the prescription of nonuse.

Acts 1974, No. 50, §162, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:127 — LA Code / Code revised-statutes / Title 31 / Section 127
Lessee's right to assign or sublease
Status: in_force

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. § 31:79 — LA Code / Code revised-statutes / Title 31 / Section 79
Prescription when after-acquired title doctrine applies; extinction of outstanding servitude
Status: in_force

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 doctrine operates has whatever time remains between the date of vesting of title in him and ten years from the date of the transaction by which the party purported to acquire in which to exercise his rights.

Acts 1974, No. 50, §79, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:62 — LA Code / Code revised-statutes / Title 31 / Section 62
Mineral servitude indivisible except as specifically provided
Status: in_force

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. § 31:39 — LA Code / Code revised-statutes / Title 31 / Section 39
Attempt to restore or secure new production as interruption of prescription
Status: in_force

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 restore production or to secure new production from the same well or mine, whether from the same geological formation or one different from that previously producing.

Acts 1974, No. 50, §39, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:45 — LA Code / Code revised-statutes / Title 31 / Section 45
Time within which adoption must be made
Status: in_force

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 prescription applicable to any action that the servitude owner may have against another for the wrongful appropriation of his rights of exploration or of production belonging to him.

Acts 1974, No. 50, §45, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:105 — LA Code / Code revised-statutes / Title 31 / Section 105
Nature of executive right
Status: in_force

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 mineral rights over which he has power to the same extent and on such terms and conditions as if he were the owner of a mineral servitude.

Acts 1974, No. 50, §105, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:210.2 — LA Code / Code revised-statutes / Title 31 / Section 210.2
Declaration of interest; when third party purchasers of oil may withhold payment
Status: in_force

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 to others, and containing the name, address, and taxpayer identification number, a description of the property from which the oil and condensate are produced, and a certification and representation of the claimant's fractional or decimal interest in the production.

B. Until receipt of a declaration of interest, a third party purchaser of oil and condensate is fully protected and may withhold payment for the production.

C.(1) Any party claiming an interest in oil and condensate production must notify a third party purchaser by registered mail.

(2) If the third party purchaser has received a declaration of interest from the claimant, the third party purchaser shall pay the claimant any amounts due for the production within sixty days.

(3) If the third party purchaser fails to pay a claimant who has provided a declaration of interest or fails to inform the claimant of reasonable cause for nonpayment within sixty days of receipt of the notice of interest, the court may impose damages in an amount not to exceed fifty percent of the amount due, plus legal interest on the amount due on the date the required notice was received and reasonable attorney's fees and court costs.

(4) If reasonable cause for nonpayment exists or the third party purchaser has not received a declaration of interest from the claimant, the third party purchaser shall deposit any payments due into an interest-bearing account.

(5) The provisions of this Article shall not apply to payments due to a mineral lessor or any person who is afforded a remedy under Articles 137 through 142 for nonpayment or delayed payment of sums due, except where such persons elect to contract directly with the third party purchaser for the sale of his share of production.

(6) The withholding of payments by a third party purchaser pursuant to this Article shall not constitute reasonable cause for nonpayment of royalty pursuant to Article 138.

D. A third party purchaser of oil and condensate may suspend payment without incurring any interest or penalties to any payee if the aggregate twelve-month accumulation of proceeds totals twenty-five dollars or less.

E. Notwithstanding any other provision of this Code, this Article affords protection to a third party purchaser.

Acts 1992, No. 155, §1, eff. June 5, 1992.
La. Rev. Stat. § 31:76 — LA Code / Code revised-statutes / Title 31 / Section 76
Expectancy of extinction not an article of commerce
Status: in_force

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. § 31:145 — LA Code / Code revised-statutes / Title 31 / Section 145
After-acquired title doctrine; applicability in absence of special clause
Status: in_force

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 thereto he subsequently acquires inures to the benefit of the lessee. Successors in title of the original lessor are not bound under this Article unless they agree expressly and in writing to become so bound.

Acts 1974, No. 50, §145, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:120 — LA Code / Code revised-statutes / Title 31 / Section 120
Lessor's warranty and limitation of liability for breach thereof
Status: in_force

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 or other property or its value given to the lessor for execution or maintenance of the lease and any royalties delivered on production from the lease.

Acts 1974, No. 50, §120, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:10 — LA Code / Code revised-statutes / Title 31 / Section 10
Liability to others with interests in common reservoir or deposit
Status: in_force

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 rights, or that may intentionally or negligently cause damage to him. This Article and Article 9 shall not affect the right of a landowner to extract liquid or gaseous minerals in accordance with the principle of Article 8.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:179 — LA Code / Code revised-statutes / Title 31 / Section 179
Mineral right owner as party to partition of land
Status: in_force

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 extinguished or otherwise affected.

Acts 1990, No. 971, §1.
La. Rev. Stat. § 31:146 — LA Code / Code revised-statutes / Title 31 / Section 146
Lessor's privilege
Status: in_force

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 of others on or attached to the property leased by their express or implied consent in connection with or contemplation of operations on the lease or land unitized therewith.

Acts 1974, No. 50, §146, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:1 — LA Code / Code revised-statutes / Title 31 / Section 1
Title and form of citation
Status: in_force

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 referred to or cited as R.S. 31:30.

Whenever reference is made herein to an Article of the Mineral Code, the same shall also relate to the corresponding Section of the Revised Statutes.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:110 — LA Code / Code revised-statutes / Title 31 / Section 110
Lease in violation of obligation valid; right of nonexecutive to damages
Status: in_force

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 by a personal action against the owner of the executive right. The action prescribes one year from the date on which the lease is filed for registry.

Acts 1974, No. 50, §110, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:6 — LA Code / Code revised-statutes / Title 31 / Section 6
Right to search for fugitive minerals; elements of ownership of land
Status: in_force

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 minerals. The landowner has the exclusive right to explore and develop his property for the production of such minerals and to reduce them to possession and ownership.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:2 — LA Code / Code revised-statutes / Title 31 / Section 2
Relation to Civil Code
Status: in_force

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 laws the provisions of this Code shall prevail. If this Code does not expressly or impliedly provide for a particular situation, the Civil Code or other laws are applicable.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:35 — LA Code / Code revised-statutes / Title 31 / Section 35
Unitization with tested shut-in well as interruption of prescription
Status: in_force

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 quantities, as required by Article 34, and shut in at the time the unit is created, prescription is interrupted on and commences anew from the effective date of the order or act creating the unit.

Acts 1974, No. 50, §35, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:184 — LA Code / Code revised-statutes / Title 31 / Section 184
Effect of failure to appraise mineral right or interest therein
Status: in_force

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, No. 50, §184, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:65 — LA Code / Code revised-statutes / Title 31 / Section 65
Division of servient estate not division of servitude
Status: in_force

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. § 31:22 — LA Code / Code revised-statutes / Title 31 / Section 22
Certain rights and obligations of mineral servitude owner
Status: in_force

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 practicable, to restore the surface to its original condition at the earliest reasonable time.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:203 — LA Code / Code revised-statutes / Title 31 / Section 203
Mineral rights susceptible of mortgage; effect of mortgage
Status: in_force

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 prescribed by law for mortgages of immovables under Article 3286 of the Civil Code. Unless expressly excluded by the terms of the act creating it, a mortgage entered into prior to the time Chapter 9 of the Louisiana Commercial Laws becomes effective attaches to the interest of the mortgagor in all corporeal movables placed on the land, or on a unit including all or part of the land, and dedicated to the use and exploitation of the mineral right. The interest of the mortgagor in movables placed on a unit including all or part of the land affected by the mineral right is subject to such a mortgage only to the extent of the interest in the unit attributable to the mineral right mortgaged. Movables only temporarily or transiently on the premises for purposes such as drilling, reworking, servicing, or testing a well or mine located thereon shall not be deemed dedicated to the use or exploitation of the mineral right. The movables shall remain movable and be subject to separate mortgage or encumbrance under Chapter 9 of the Louisiana Commercial Laws as permitted by law with the rank and priority so provided.

Acts 1974, No. 50, §203, eff. Jan. 1, 1975; Acts 1989, No. 137, §10, eff. Sept. 1, 1989; Acts 1991, No. 652, §3, eff. Jan. 1, 1992.

{{NOTE: SEE ACTS 1989, NO. 137, §§20 AND 21.}}
La. Rev. Stat. § 31:51 — LA Code / Code revised-statutes / Title 31 / Section 51
Adoption when servitude under lease
Status: in_force

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 which the servitude owner is entitled and the servitude owner's lessee refuses to participate in the operations after production is first obtained, the lessee is not entitled to participate in production from the operations except by express agreement with the mineral servitude owner. In the absence of agreement, the mineral lease, if otherwise maintained according to its terms, remains in force except as to the well or wells or mine or mines as to which the servitude owner has asserted his claim and in which the lessee has refused to participate.

Acts 1974, No. 50, §51, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:121 — LA Code / Code revised-statutes / Title 31 / Section 121
Right of lessee to lease from adverse claimants
Status: in_force

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. § 31:90 — LA Code / Code revised-statutes / Title 31 / Section 90
Tested shut-in well as interruption of prescription
Status: in_force

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 producing minerals in paying quantities, prescription is interrupted on the date production is obtained by such testing. If only a part of the tract burdened by the royalty is included in a unit and the unit well is on land other than that burdened by the royalty, the interruption of prescription extends only to that portion of the tract burdened by the royalty included in the unit. Prescription commences anew from the date on which the well is shut in after such testing.

Acts 1974, No. 50, §90, eff. Jan. 1, 1975. Amended by Acts 1975, No. 589, §1, eff. July 17, 1975.
La. Rev. Stat. § 31:15 — LA Code / Code revised-statutes / Title 31 / Section 15
Right of landowner to convey, reserve, or lease right to explore and develop
Status: in_force

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. § 31:30 — LA Code / Code revised-statutes / Title 31 / Section 30
Date on which prescription interrupted and commenced anew
Status: in_force

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 portion thereof. Preparations for the commencement of actual drilling or mining operations, such as geological or geophysical exploration, surveying, clearing of a site, and the hauling and erection of materials and structures necessary to conduct operations do not interrupt prescription. Prescription commences anew from the last day on which actual drilling or mining operations are conducted.

Acts 1974, No. 50, §30, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:106 — LA Code / Code revised-statutes / Title 31 / Section 106
Executive right a mineral right
Status: in_force

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. § 31:135 — LA Code / Code revised-statutes / Title 31 / Section 135
Rules of default applicable except as specified
Status: in_force

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. § 31:168 — LA Code / Code revised-statutes / Title 31 / Section 168
Mineral rights susceptible of undivided ownership
Status: in_force

Mineral rights are susceptible of ownership in indivision.

Acts 1974, No. 50, §168, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:68 — LA Code / Code revised-statutes / Title 31 / Section 68
Effect of limitation of servitude rights to specified horizons or levels
Status: in_force

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 of the tract or different levels or horizons.

Acts 1974, No. 50, §68, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:5 — LA Code / Code revised-statutes / Title 31 / Section 5
Ownership of solid minerals
Status: in_force

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. § 31:158 — LA Code / Code revised-statutes / Title 31 / Section 158
Interruption of possession by judicial demand
Status: in_force

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 on the date on which the action was filed in a court of competent jurisdiction or on the date of service of citation upon the possessor if the action is not filed in a court of competent jurisdiction. If the action is abandoned, voluntarily dismissed, or not prosecuted at the trial, it is considered that possession never ceased.

Acts 1974, No. 50, §158, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:67 — LA Code / Code revised-statutes / Title 31 / Section 67
Right of co-owners to create single servitude in partition of land
Status: in_force

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. § 31:111 — LA Code / Code revised-statutes / Title 31 / Section 111
Effect of certain transactions involving executive right
Status: in_force

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 the royalty right into a mineral servitude.

Acts 1974, No. 50, §111, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:117 — LA Code / Code revised-statutes / Title 31 / Section 117
Granting of mineral lease by owner under conditional title
Status: in_force

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 occurrence of the condition divesting the title.

Acts 1974, No. 50, §117, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:81 — LA Code / Code revised-statutes / Title 31 / Section 81
Executive and operating rights not included
Status: in_force

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. § 31:194 — LA Code / Code revised-statutes / Title 31 / Section 194
Usufructuary not obligated to account to naked owner
Status: in_force

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 any other income to which he is entitled.

Acts 1974, No. 50, §194, eff. Jan. 1, 1975. Amended by Acts 1975, No. 589, §2, eff. July 17, 1975.
La. Rev. Stat. § 31:125 — LA Code / Code revised-statutes / Title 31 / Section 125
Amount of royalties relevant to reasonableness of lessee's expectation
Status: in_force

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 be a serious or adequate equivalent for continuance of the lease as compared with the amount of the bonus, rentals, or other sums paid to the lessor.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:212.21 — LA Code / Code revised-statutes / Title 31 / Section 212.21
Nonpayment of production payment or royalties; notice prerequisite to judicial demand
Status: in_force

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 timely or proper payment of royalties or the production payment, he must give his obligor written notice of such failure as a prerequisite to a judicial demand for damages.

Added by Acts 1982, No. 249, §1; Acts 2020, No. 76, §1.
La. Rev. Stat. § 31:99 — LA Code / Code revised-statutes / Title 31 / Section 99
Obstacle to production from servitude suspends prescription as to dependent royalty
Status: in_force

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 nonuse running against the royalty.

Acts 1974, No. 50, §99, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:24 — LA Code / Code revised-statutes / Title 31 / Section 24
Right of landowner to create mineral servitude
Status: in_force

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. § 31:78 — LA Code / Code revised-statutes / Title 31 / Section 78
Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude
Status: in_force

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 doctrine operates has ten years from the date of the transaction by which he purported to acquire or the remaining period of the rights acquired by his grantor in which to exercise his rights, whichever period is greater.

Acts 1974, No. 50, §78, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:86 — LA Code / Code revised-statutes / Title 31 / Section 86
Commencement of prescription of nonuse
Status: in_force

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. § 31:27 — LA Code / Code revised-statutes / Title 31 / Section 27
Extinction of mineral servitudes
Status: in_force

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 time for which the servitude was granted, or the happening of the dissolving condition attached to the servitude; or

(5) extinction of the right of him who established the servitude.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:95 — LA Code / Code revised-statutes / Title 31 / Section 95
Limited effect of acknowledgment of previously created royalty
Status: in_force

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 interest subject to a mineral royalty, the acknowledgment is effective only as to that proportion of the royalty which the interest of the acknowledging party bears to the whole of the mineral rights from which the royalty was originally created.

Acts 1974, No. 50, §95, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:58 — LA Code / Code revised-statutes / Title 31 / Section 58
Prescription not affected by minority or other disability
Status: in_force

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. § 31:33 — LA Code / Code revised-statutes / Title 31 / Section 33
Unit operations; effect as interruption of prescription
Status: in_force

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 sufficient to interrupt prescription according to Articles 29 through 32, interrupt prescription only as to that portion of the tract burdened by the servitude included in the unit provided such operations are for the discovery and production of minerals from the unitized sand or sands.

Acts 1974, No. 50, §33, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:159 — LA Code / Code revised-statutes / Title 31 / Section 159
Mineral rights not established by acquisitive prescription
Status: in_force

Mineral rights may not be established by acquisitive prescription.

Acts 1974, No. 50, §159, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:173 — LA Code / Code revised-statutes / Title 31 / Section 173
Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition
Status: in_force

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 lessee's interest cannot be compelled to partition their right.

Acts 1974, No. 50, §173, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:166 — LA Code / Code revised-statutes / Title 31 / Section 166
Granting of mineral lease by co-owner of land
Status: in_force

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 in the land, but the lessee or permittee shall not exercise his rights thereunder without consent of co-owners owning at least an undivided seventy-five percent interest in the land, provided that the lessee or permittee has made every effort to contact the co-owners and, if contacted, has offered to contract with them on substantially the same basis that the lessee or permittee has contracted with another co-owner. A co-owner of the land who does not consent to the exercise of the rights has no liability for the costs of development and operations, except out of his share of production.

Acts 1974, No. 50, §166, eff. Jan. 1, 1975; Acts 1986, No. 1047, §1; Acts 1988, No. 647, §1; Acts 1995, No. 479, §1, eff. June 17, 1995; Acts 2019, No. 350, §1; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:103 — LA Code / Code revised-statutes / Title 31 / Section 103
Freedom of contract; application of rules to mineral royalty
Status: in_force

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. § 31:66 — LA Code / Code revised-statutes / Title 31 / Section 66
Right of owners of contiguous tracts to create single servitude
Status: in_force

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. § 31:9 — LA Code / Code revised-statutes / Title 31 / Section 9
Correlative rights of owners of common reservoir or deposit
Status: in_force

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 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:215 — LA Code / Code revised-statutes / Title 31 / Section 215
Contracts; partnership status
Status: in_force

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. § 31:77 — LA Code / Code revised-statutes / Title 31 / Section 77
Application of after-acquired title doctrine
Status: in_force

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 the time it is extinguished, the after-acquired title doctrine operates to vest the right in the party who purported to acquire it to the full extent of his title.

Acts 1974, No. 50, §77, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:212 — LA Code / Code revised-statutes / Title 31 / Section 212
Right to attorney's fee incurred in securing writ
Status: in_force

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. § 31:11 — LA Code / Code revised-statutes / Title 31 / Section 11
Reasonable regard for concurrent uses of the land burdened by mineral rights
Status: in_force

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 of separate mineral rights in the same land must exercise their respective rights with reasonable regard for the rights of other owners.

B.(1) A reservation of mineral rights in an instrument transferring ownership of land must include mention of surface rights in the exercise of the mineral rights reserved, if not otherwise expressly provided by the parties.

(2) In the absence of particular provisions in the instrument regulating the extent, location and nature of the rights of the mineral owner to conduct operations on the property, the requirements of this Subsection are satisfied by inclusion of the following language in the reservation of mineral rights: "The transferor (Seller) shall exercise the mineral rights herein reserved with reasonable regard to the rights of the landowner, and shall use only so much of the land, including the surface, as is reasonably necessary to conduct his operations. Such exercise of mineral rights shall be subject to the provisions of Articles 11 and 22 of the Louisiana Mineral Code. The transferee (Buyer) recognizes that by virtue of the mineral reservation herein made, the mineral owner shall have the right to use so much of the land, including the surface, as is reasonably necessary to explore for, mine and produce the minerals."

Acts 1974, No. 50, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1; Acts 2006, No. 446, §1; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:182 — LA Code / Code revised-statutes / Title 31 / Section 182
Opposition to appraisal permitted
Status: in_force

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. § 31:104 — LA Code / Code revised-statutes / Title 31 / Section 104
Rules applicable to transactions involving outstanding servitudes; applicability to mineral royalties
Status: in_force

Articles 76 through 79 concerning transactions involving outstanding mineral servitudes are applicable to mineral royalties, including those created by a mineral servitude owner.

Acts 1974, No. 50, §104, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:207 — LA Code / Code revised-statutes / Title 31 / Section 207
Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease
Status: in_force

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 lease fails to record the required act within ninety days of its extinguishment prior to the expiration of its primary term, he is liable to the person in whose favor the right or the lease has been extinguished or expired for all damages resulting therefrom and for a reasonable attorney's fee incurred in bringing suit.

Amended by Acts 1981, No. 612, §1; Acts 1982, No. 358, §1, eff. July 18, 1982.
La. Rev. Stat. § 31:101 — LA Code / Code revised-statutes / Title 31 / Section 101
Mineral royalty indivisible except as specifically provided
Status: in_force

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, 1975.
La. Rev. Stat. § 31:208 — LA Code / Code revised-statutes / Title 31 / Section 208
Effect of good faith dispute as to extinction or expiration of right
Status: in_force

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 term of the right has expired, or it has been otherwise extinguished.

Acts 1974, No. 50, §208, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:144 — LA Code / Code revised-statutes / Title 31 / Section 144
After-acquired title clause may bind lessor and successors in title
Status: in_force

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 filed for registry, the provision is binding on all subsequent owners of the land or mineral rights leased.

Acts 1974, No. 50, §144, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:136 — LA Code / Code revised-statutes / Title 31 / Section 136
Written notice; requirement and effect on claims for damages or dissolution of lease
Status: in_force

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 as a prudent operator, he must give his lessee written notice of the asserted breach to perform and allow a reasonable time for performance by the lessee as a prerequisite to a judicial demand for damages or dissolution of the lease. If a lessee is found to have had actual or constructive knowledge of drainage and is held responsible for consequent damages, the damages may be computed from the time a reasonably prudent operator would have protected the leased premises from drainage. In other cases where notice is required by this Article damages may be computed only from the time the written notice was received by the lessee.

Acts 1974, No. 50, §136, eff. Jan. 1, 1975; Acts 1995, No. 1116, §1.
La. Rev. Stat. § 31:14 — LA Code / Code revised-statutes / Title 31 / Section 14
Drainage of fugitive minerals; exclusion of liability; exceptions
Status: in_force

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 affect his right to relief for negligent or intentional waste under Articles 9 and 10, or against another who may be contractually obligated to protect his property from drainage.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:195 — LA Code / Code revised-statutes / Title 31 / Section 195
Right of naked owner of land to enjoyment of minerals
Status: in_force

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 coal or lignite which is to be produced through surface mining techniques without first obtaining the consent of the usufructuary. If the usufructuary is entitled to the benefits provided in Article 190 and 191, the rights of the landowner are subject thereto.

Acts 1974, No. 50, §195, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1.
La. Rev. Stat. § 31:75 — LA Code / Code revised-statutes / Title 31 / Section 75
Right to contract regarding rules of use
Status: in_force

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 servitude or otherwise, that an interruption of prescription resulting from unit operations or production shall extend to the entirety of the tract burdened by the servitude regardless of the location of the well or whether all or only part of the tract is included in the unit.

Acts 1974, No. 50, §75, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:153 — LA Code / Code revised-statutes / Title 31 / Section 153
How mineral rights are possessed
Status: in_force

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. § 31:85 — LA Code / Code revised-statutes / Title 31 / Section 85
Extinction of mineral royalties
Status: in_force

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 remission of his right;

(4) expiration of the time for which the royalty right was granted or happening of the dissolving condition attached to the mineral royalty; or

(5) extinction of the right of him who established the mineral royalty, except that the extinction of a mineral servitude by inheritance or by any act of the servitude owner does not extinguish a royalty burdening the servitude unless the royalty owner is a party to the act or otherwise consents expressly and in writing to become bound by it.

Acts 1974, No. 50, §85, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:19 — LA Code / Code revised-statutes / Title 31 / Section 19
Capacity to create mineral rights
Status: in_force

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. § 31:141 — LA Code / Code revised-statutes / Title 31 / Section 141
Dissolution not a favored remedy
Status: in_force

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 remedy of damages is inadequate to do justice.

Acts 1974, No. 50, §141, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:60 — LA Code / Code revised-statutes / Title 31 / Section 60
Suspension effective as to all minerals
Status: in_force

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, 1975.
La. Rev. Stat. § 31:23 — LA Code / Code revised-statutes / Title 31 / Section 23
Right of servitude owner to operate; protection thereof
Status: in_force

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 available to a landowner.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:87 — LA Code / Code revised-statutes / Title 31 / Section 87
Production as interruption of prescription; commencement of prescription anew
Status: in_force

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 actual production begins and commences anew from the date of cessation of actual production.

Acts 1974, No. 50, §87, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:49 — LA Code / Code revised-statutes / Title 31 / Section 49
Unsuccessful operations; waiver of damages when adopted
Status: in_force

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, No. 50, §49, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:171 — LA Code / Code revised-statutes / Title 31 / Section 171
Right of co-owner of mineral lease to create dependent rights
Status: in_force

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 interest without the consent of his co-owner. He may also transfer all or part of his undivided interest.

Acts 1974, No. 50, §171, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:155 — LA Code / Code revised-statutes / Title 31 / Section 155
Possession without title as including mineral rights
Status: in_force

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. § 31:210 — LA Code / Code revised-statutes / Title 31 / Section 210
When purchaser protected in paying party in interest under lease for minerals produced
Status: in_force

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 protected in making payment to any party in interest under the lease unless and until a suit is filed testing title to the land or mineral rights embraced in the lease and the purchaser receives notification of it by registered mail. The purchaser is not entitled to this protection unless he has filed for registry in the conveyance records of the parish in which the land subject to the lease is located notice that the minerals produced have been and will be purchased by him.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:46 — LA Code / Code revised-statutes / Title 31 / Section 46
Procedure for adoption
Status: in_force

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 the date on which the operations commenced, and expressing the intent to adopt them as his own.

Acts 1974, No. 50, §46, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:8 — LA Code / Code revised-statutes / Title 31 / Section 8
Landowner's right of enjoyment for mineral extraction
Status: in_force

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 minerals occurring naturally in a liquid or gaseous state that can be obtained by operations on or beneath his land even though his operations may cause their migration from beneath the land of another.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:130 — LA Code / Code revised-statutes / Title 31 / Section 130
Lease not divided by partial assignment or sublease
Status: in_force

A partial assignment or partial sublease does not divide a mineral lease.

Acts 1974, No. 50, §130, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:157 — LA Code / Code revised-statutes / Title 31 / Section 157
Interruption of possession by acknowledgment
Status: in_force

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.

Acts 1974, No. 50, §157, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:212.23 — LA Code / Code revised-statutes / Title 31 / Section 212.23
Effects of payment or nonpayment with or without stating reasonable cause therefor; division order
Status: in_force

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 respect to those payments.

B. If the obligor fails to pay within the thirty days from notice but states a reasonable cause for nonpayment, then damages shall be limited to legal interest on the amounts due from the date due.

C. If the obligor fails to pay and fails to state a reasonable cause for failure to pay in response to the notice, the court may award as damages double the amount due, legal interest on that sum from the date due, and a reasonable attorney's fee regardless of the cause for the original failure to pay.

D. Repealed by Acts 1992, No. 1110, §2.

Acts 1982, No. 249, §1; Acts 1990, No. 986, §1; Acts 1992, No. 1110, §2.
La. Rev. Stat. § 31:131 — LA Code / Code revised-statutes / Title 31 / Section 131
Lessor must accept performance by assignee or sublessee
Status: in_force

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. § 31:128 — LA Code / Code revised-statutes / Title 31 / Section 128
Responsibility of assignee or sublessee to original lessor
Status: in_force

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 1974, No. 50, §128, eff. Jan. 1, 1975.
La. Rev. Stat. § 31:148 — LA Code / Code revised-statutes / Title 31 / Section 148
Manner of enforcement
Status: in_force

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. § 31:164 — LA Code / Code revised-statutes / Title 31 / Section 164
Creation of mineral servitude by co-owner of land
Status: in_force

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 exercise his right without the consent of co-owners owning at least an undivided seventy-five percent interest in the land, provided that the servitude owner has made every effort to contact the co-owners and, if contacted, has offered to contract with them on substantially the same basis that the servitude owner has contracted with another co-owner. A co-owner of the land who does not consent to the exercise of the rights has no liability for the costs of development and operations, except out of his share of production.

Acts 1974, No. 50, §164, eff. Jan. 1, 1975; Acts 1986, No. 1047, §1; Acts 1988, No. 647, §1; Acts 2019, No. 350, §1; Acts 2023, No. 88, §1.
La. Rev. Stat. § 31:212.22 — LA Code / Code revised-statutes / Title 31 / Section 212.22
Required response of obligor to notice
Status: in_force

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 the sums due or stating or failing to state a reasonable cause for nonpayment within this period has the following effect.

Added by Acts 1982, No. 249, §1.