reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2575. Restrictions on the sale of certain mercury-added products

RS 30:2575 - Restrictions on the sale of certain mercury-added products
A. On and after July 1, 2007, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Louisiana. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this product ban and how to dispose of the remaining inventory properly. Novelties for which the only added mercury comes from a removable mercury-added lamp or mercury-added button cell battery are exempt from this Subsection if the manufacturer of the mercury-added lamp or mercury-added button cell battery has complied with the applicable provisions of R.S. 30:2574, 2577, 2578, 2579, and 2581.
B. On and after January 1, 2007, no person shall sell or supply mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers shall, in addition to providing notice of mercury content and instructions on proper disposal, supply clear instructions on the careful handling of the thermometer to avoid breakage and on proper cleanup should a breakage occur. Mercury fever thermometer manufacturers shall also comply with R.S. 30:2574, 2576, 2577, 2579, and 2581.
C. On and after January 1, 2007, no school in Louisiana shall use or purchase for use in a primary or secondary classroom, bulk elemental or chemical mercury or mercury compounds. Manufacturers that produce and sell such materials shall notify retailers about the provisions of this ban and how to dispose of the remaining inventory properly. Other mercury-added products that are used by schools are not subject to this prohibition.
D. On and after July 1, 2007, no mercury dairy or natural gas manometers shall be offered for final sale or use or distributed for promotional purposes in Louisiana. Manufacturers that produce and sell mercury dairy or natural gas manometers shall notify retailers about the provisions of this product ban and how to dispose of the remaining inventory properly. The Department of Environmental Quality, in consultation with the Department of Agriculture and Forestry and the Department of Energy and Natural Resources, shall examine the feasibility of implementing a collection and replacement program for dairy and natural gas manometers, respectively, including technical and monetary assistance to operations that once contained mercury manometers.
Acts 2006, No. 126, §1, eff. June 2, 2006; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2577. Labeling of mercury-added products

RS 30:2577 - Labeling of mercury-added products
A. No mercury-added product manufactured on and after July 1, 2008, shall be offered for final sale or use or distributed for promotional purposes in Louisiana unless both the product and its packaging are labeled in accordance with this Section, any adopted rules, or the terms of any approved alternative labeling or notification granted under R.S. 30:2579. A retailer may not be found in violation of this Subsection if the retailer lacked knowledge that the product contained mercury.
B. Where a mercury-added product is a component of another product, the product containing the component and the component must both be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.
C. All labels must be clearly visible prior to sale and must inform the purchaser, using words or symbols, that mercury is present in the product and that the product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater.
D. Labels affixed to the product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.
E. On and after July 1, 2008, any person offering a mercury-added product for final sale or use or promotional purposes to an address in Louisiana shall clearly advise the purchaser or recipient at the point of sale that the product contains mercury. This requirement shall apply to all transactions where the purchaser or recipient is unable to view the labels on the package or the product prior to purchase or receipt, including but not limited to catalogue, telephone, and Internet sales.
F. Responsibility for product and package labels required by this Section shall be on the manufacturer and not on the wholesaler or retailer unless the wholesaler or retailer agrees with the manufacturer to accept responsibility in conjunction with implementation of an alternative to the labeling requirements of this Section approved under R.S. 30:2578. In the case of a multi-component product the responsible manufacturer is the last manufacturer to produce or assemble the product or, if the multi-component product is produced in a foreign country, the responsible manufacturer is the importer or domestic distributor.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2578. Labeling for specific products

RS 30:2578 - Labeling for specific products
Notwithstanding the requirements of R.S. 30:2577, labeling of appliances which are sold in a store where the appliance is on display shall meet all requirements of this Chapter except that no package labeling is required. Labeling of fever thermometers and button cell batteries shall meet all requirements of this Section, except that no product labeling is required. Labeling of newly manufactured motor vehicles shall meet all requirements of this Section except that the mercury-added components are not required to be labeled. A doorpost label shall list the mercury-added components that may be present in the vehicle.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2579. Alternative methods of public notification

RS 30:2579 - Alternative methods of public notification
A. A manufacturer may apply to the Department of Environmental Quality for an alternative to the requirements of this Section where strict compliance with the requirements is not feasible or the proposed alternative would be at least as effective in providing pre-sale notification of mercury content and in providing instructions on proper disposal or federal law governs labeling in a manner that preempts state authority.
B. Applications for an alternative to the requirements under this Section must document the justification for the requested alternative; describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt; describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater; document the readiness of all necessary parties to implement the proposed alternative; and describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective pre-sale notification and pre-disposal notification.
C. The Department of Environmental Quality may grant, deny, modify, or condition a request for an alternative to the requirements of this Section and approval of such alternative. The grant of the application for the alternative method of public notification shall be for a period of no more than two years and may, upon continued eligibility under the criteria of this Section and compliance with the conditions of its prior approval, be renewed for two-year intervals. Prior to approving an alternative, the Department of Environmental Quality shall consult with neighboring states, provinces and regional organizations to ensure that its labeling requirements are consistent with those of other governments in the region.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2580. Disposal ban and proper management of mercury in scrap metal facilities

RS 30:2580 - Disposal ban and proper management of mercury in scrap metal facilities
A. On and after January 1, 2007, mercury shall not be discharged to water, wastewater treatment, and wastewater disposal systems except when it is done in compliance with applicable local, state, and federal requirements.
B. No person shall crush a motor vehicle unless the person has made a reasonable effort to remove or verify that the mercury contained within convenience lighting switches and antilock braking system components have been removed. Obtaining a certification by a duly authorized representative of the person delivering the scrap that the mercury contained within convenience lighting switches and antilock braking system components required to be removed have been removed and are not included with the scrap delivered, and conducting a visual inspection as practicable of the scrap delivered shall constitute verification that the mercury contained within convenience lighting switches and antilock braking system components have been removed.
C. No person shall shred an appliance unless the person has made a reasonable effort to remove or verify that the component mercury-added products have been removed. Obtaining a certification by a duly authorized representative of the person delivering the scrap that mercury-added products required to be removed have been removed and are not included with the scrap delivered and conducting a visual inspection as practicable of the scrap delivered shall constitute verification that all of the component mercury-added products have been removed.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2582. Disclosure for mercury-containing formulated products used in health care facilities

RS 30:2582 - Disclosure for mercury-containing formulated products used in health care facilities
On and after July 1, 2007, the manufacturers of formulated mercury-added products that are offered for sale or use to a health care facility in Louisiana shall provide both the Department of Environmental Quality and the recipient health care facility a notice of the mercury content of the product, down to a 1 part per million level. The notice shall report the result of an analysis performed for mercury on the specific batch or lot of that product offered for sale. The batch or lot number of the product shall be clearly identified on the product and on the notice.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2583. Limitations on the use of elemental mercury

RS 30:2583 - Limitations on the use of elemental mercury
A. On and after July 1, 2007, no person shall offer for sale or distribute for promotional purposes or provide elemental mercury without providing a Material Safety Data Sheet, as defined in 42 U.S.C. 11049, and the seller, distributor, or provider shall require the purchaser or recipient at the time of receipt of any elemental mercury to sign a statement attesting the purchaser or recipient:
(1) Will use the mercury only for medical, dental, research or manufacturing purposes.
(2) Understands mercury is toxic and the purchaser will store, use, and otherwise handle exposure to such mercury in accordance with regulations promulgated by the department pursuant to the provisions of this Section. For qualified health care providers, those regulations shall incorporate best management practices in accordance with guidelines of the American Dental Association, the American Medical Association, and other nationally recognized professional health care organizations.
(3) Will dispose of the elemental mercury in accordance with state, federal, and local law and regulation.
B. The department shall promulgate regulations providing for the appropriate manner of disposal of mercury used for medical and dental purposes.
C. To facilitate compliance with the disposal ban, the Department of Environmental Quality may prepare and publish best management practice guidelines for dental offices and laboratories.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2584. Existing inventories

RS 30:2584 - Existing inventories
A. Mercury-added products with a code or date of manufacture indicating the products were manufactured prior to June 2, 2006, or that are meant to service products manufactured prior to June 2, 2006, are exempt from the provisions of R.S. 30:2575, 2576, 2578, 2581, and 2583 if there are no reasonable non-mercury alternatives. If the mercury-added product has a date of manufacture or the manufacturer can provide documentation that the product in question was manufactured prior to June 2, 2006, or the product is a service part for a product manufactured prior to June 2, 2006, it is exempt from the provisions of R.S. 30:2575, 2576, 2578, 2581, and 2583 if there are no reasonable non-mercury alternatives. Situations that are beyond the control of the manufacturer, such as old stock being held by retailers, shall be addressed on a case-by-case basis.
B. Medical equipment containing mercury-added products currently being used in a heath care facility and manufactured prior to June 2, 2006, may remain in service until replaced or refurbished. In the event a mercury-added product being used in a health care facility is refurbished, medical equipment containing a mercury-added product shall be refurbished with a non-mercury containing component, unless there is no reasonable non-mercury alternative or the mercury containing component has been exempted by the provisions of R.S. 30:2576.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2585. Public education and outreach

RS 30:2585 - Public education and outreach
A. The Department of Environmental Quality shall, as funds are available, implement a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups in concert with other relevant state agencies. Public education, outreach, and assistance programs should focus on the hazards of mercury; the requirements and obligations of individuals and manufacturers, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The Department of Environmental Quality shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs.
B. The Department of Environmental Quality may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or others who go beyond the minimum requirements in this legislation and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2586. State procurement preferences for low or non-mercury-added products

RS 30:2586 - State procurement preferences for low or non-mercury-added products
Notwithstanding any law to the contrary or any rule or regulation promulgated pursuant thereto, for the procurement of equipment, supplies, and other products, all state agencies shall by July 1, 2007, revise their policies, rules, and procedures to implement the purposes of this Act. In purchasing decisions, state agencies shall give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless there is no economically feasible non-mercury-added alternative that performs a similar function. In circumstances where a non-mercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury-added to the product necessary for the required performance. The division of administration is authorized to give a price preference of up to twenty percent for products that contain no mercury or less mercury than comparable mercury containing products. The procurement agent shall specify non-mercury or reduced mercury-added products, as applicable, in procurement bid documents. State dental insurance contracts negotiated after the effective date of this Act shall provide equal coverage for non-mercury fillings and dental amalgam fillings at no additional expense to the state employee.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2587. Water and wastewater system use prohibition

RS 30:2587 - Water and wastewater system use prohibition
A. On and after August 1, 2006, no person shall install a mercury switch or mercury containing device in any drinking water system or waste water system including, but not limited to level indicators, float switches, pump control, and pressure sensing systems.
B. On and after July 1, 2009, all mercury devices shall be removed from drinking water systems or wastewater systems where the installed switch may release mercury into the water, if damaged, broken or otherwise malfunctions. Mercury-added devices external to drinking water and wastewater systems are exempted from this provision.
C. Owners and operators of drinking water and wastewater management facilities shall implement the following mechanisms:
(1) Posting of signs at the facility providing notice of the prohibition of the introduction of mercury-added products at the facility.
(2) Development of written purchasing procedure to prohibit the purchasing of mercury or mercury containing products that will risk the introduction of mercury into drinking or waste waters.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 30 - Minerals, Oil, and Gas and Environmental Quality › §30:2588. Enforcement

RS 30:2588 - Enforcement
A violation of any of the provisions of this Chapter or of any rule or regulation promulgated pursuant thereto shall be punishable as provided in R.S. 30:2025 and any other law providing for the protection of human health and the environment.
Acts 2006, No. 126, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:1. Title and form of citation

RS 31:1 - Title and form of citation
This Chapter shall be known as the Louisiana Mineral Code. The provisions hereunder may be referred to or cited either as Articles of the Mineral Code or as Sections of the Revised Statutes. Thus Article 30 of the Louisiana Mineral Code may also be 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:2. Relation to Civil Code

RS 31:2 - Relation to Civil Code
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:3. Freedom of contract and limitations thereon

RS 31:3 - Freedom of contract and limitations thereon
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:4. Substances to which Code applicable

RS 31:4 - Substances to which Code applicable
The provisions of this Code are applicable to all forms of minerals, including oil and gas. They are also applicable to rights to explore for or mine or remove from land the soil itself, gravel, shells, subterranean water, 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:5. Ownership of solid minerals

RS 31:5 - Ownership of solid minerals
Ownership of land includes all minerals occurring naturally in a solid state. Solid minerals are insusceptible of ownership apart from the land until reduced to possession.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:6. Right to search for fugitive minerals; elements of ownership of land

RS 31:6 - Right to search for fugitive minerals; elements of ownership of land
Ownership of land does not include ownership of oil, gas, and other minerals occurring naturally in liquid or gaseous form, or of any elements or compounds in solution, emulsion, or association with such 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:8. Landowner's right of enjoyment for mineral extraction

RS 31:8 - Landowner's right of enjoyment for mineral extraction
A landowner may use and enjoy his property in the most unlimited manner for the purpose of discovering and producing minerals, provided it is not prohibited by law. He may reduce to possession and ownership all of the 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:9. Correlative rights of owners of common reservoir or deposit

RS 31:9 - Correlative rights of owners of common reservoir or deposit
Landowners and others with rights in a common reservoir or deposit of minerals have correlative rights and duties with respect to one another in the development and production of the common source of minerals.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:10. Liability to others with interests in common reservoir or deposit

RS 31:10 - Liability to others with interests in common reservoir or deposit
A person with rights in a common reservoir or deposit of minerals may not make works, operate, or otherwise use his rights so as to deprive another intentionally or negligently of the liberty of enjoying his 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:11. Reasonable regard for concurrent uses of the land burdened by mineral rights

RS 31:11 - Reasonable regard for concurrent uses of the land burdened by mineral rights
A. The owner of land burdened by a mineral right or rights and the owner of a mineral right must exercise their respective rights with reasonable regard for those of the other. Similarly the owners 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:12. Protection of landowner's interest in minerals

RS 31:12 - Protection of landowner's interest in minerals
Except as provided in Article 14, the owner of land may protect his rights in minerals against trespass, damage, and other wrongful acts of interference by all means available for the protection of ownership.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:14. Drainage of fugitive minerals; exclusion of liability; exceptions

RS 31:14 - Drainage of fugitive minerals; exclusion of liability; exceptions
A landowner has no right against another who causes drainage of liquid or gaseous minerals from beneath his property if the drainage results from drilling or mining operations on other lands. This does not 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:15. Right of landowner to convey, reserve, or lease right to explore and develop

RS 31:15 - Right of landowner to convey, reserve, or lease right to explore and develop
A landowner may convey, reserve, or lease his right to explore and develop his land for production of minerals and to reduce them to possession.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:16. Basic mineral rights; status as real rights

RS 31:16 - Basic mineral rights; status as real rights
The basic mineral rights that may be created by a landowner are the mineral servitude, the mineral royalty, and the mineral lease. This enumeration does not exclude the creation of other mineral rights by a landowner. Mineral 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:17. Rescission for lesion beyond moiety unavailable

RS 31:17 - Rescission for lesion beyond moiety unavailable
A sale of a mineral right is not subject to rescission for lesion beyond moiety.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:18. Nature of mineral rights

RS 31:18 - Nature of mineral rights
A mineral right is an incorporeal immovable. It is alienable and heritable. The situs of a mineral right is the parish or parishes in which the land burdened is located. All sales, contracts, and judgments affecting mineral rights are subject to the laws of registry.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:20. Authority to create mineral rights

RS 31:20 - Authority to create mineral rights
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:21. Nature of mineral servitude

RS 31:21 - Nature of mineral servitude
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:22. Certain rights and obligations of mineral servitude owner

RS 31:22 - Certain rights and obligations of mineral servitude owner
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:23. Right of servitude owner to operate; protection thereof

RS 31:23 - Right of servitude owner to operate; protection thereof
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:24. Right of landowner to create mineral servitude

RS 31:24 - Right of landowner to create mineral servitude
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:25. Right of conditional landowner to create mineral servitude

RS 31:25 - Right of conditional landowner to create mineral servitude
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:26. Usufructuary may not create mineral servitude

RS 31:26 - Usufructuary may not create mineral servitude
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:27. Extinction of mineral servitudes

RS 31:27 - Extinction of mineral servitudes
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:29. How prescription of nonuse is interrupted

RS 31:29 - How prescription of nonuse is interrupted
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:30. Date on which prescription interrupted and commenced anew

RS 31:30 - Date on which prescription interrupted and commenced anew
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:31. Operations beyond prescriptive date; effect as interruption

RS 31:31 - Operations beyond prescriptive date; effect as interruption
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:32. Interruption by additional operations

RS 31:32 - Interruption by additional operations
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:33. Unit operations; effect as interruption of prescription

RS 31:33 - Unit operations; effect as interruption of prescription
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:34. Shut-in well; testing as interruption of prescription

RS 31:34 - Shut-in well; testing as interruption of prescription
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:35. Unitization with tested shut-in well as interruption of prescription

RS 31:35 - Unitization with tested shut-in well as interruption of prescription
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:36. Production as interruption of prescription

RS 31:36 - Production as interruption of prescription
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:37. Unit production as interruption of prescription

RS 31:37 - Unit production as interruption of prescription
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:38. Good faith production for beneficial purpose required

RS 31:38 - Good faith production for beneficial purpose required
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:39. Attempt to restore or secure new production as interruption of prescription

RS 31:39 - Attempt to restore or secure new production as interruption of prescription
After production has ceased and prescription has commenced anew, it may be interrupted by good faith operations conducted in accordance with the general principles of Articles 29 through 31 to 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:40. Interruption applicable to all minerals and modes of use

RS 31:40 - Interruption applicable to all minerals and modes of use
An interruption of prescription applies to all types of minerals covered by the act creating the servitude and to all modes of its use.
Acts 1974, No. 50, §40, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:41. Commencement of prescription anew following attempt to restore or secure new production

RS 31:41 - Commencement of prescription anew following attempt to restore or secure new production
When prescription is interrupted, it commences anew from the last day on which operations are conducted in good faith to secure or restore production in paying quantities with reasonable expectation of success.
Acts 1974, No. 50, §41, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:42. By whom a mineral servitude may be used

RS 31:42 - By whom a mineral servitude may be used
Except as provided in Articles 44 through 52, use of a mineral servitude must be by the owner of the servitude, his representative or employee, or some other person acting on his behalf.
Acts 1974, No. 50, §42, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:43. When a person is acting on behalf of servitude owner

RS 31:43 - When a person is acting on behalf of servitude owner
A person is acting on behalf of the servitude owner only when there is a legal relationship between him and the servitude owner, such as co-ownership or agency, or when there is clear and convincing evidence that he 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:44. Adoption of operations by another

RS 31:44 - Adoption of operations by another
A mineral servitude owner may adopt operations or production by a person other than those designated by Article 42 if his servitude includes the right to conduct operations of the kind involved.
Acts 1974, No. 50, §44, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:45. Time within which adoption must be made

RS 31:45 - Time within which adoption must be made
An adoption must be made within three years of the servitude owner's knowledge of such operations or production and in any event prior to the date on which his rights would otherwise prescribe. This limitation does not affect the 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:46. Procedure for adoption

RS 31:46 - Procedure for adoption
Adoption of the operations of another is accomplished when the servitude owner files for registry in the conveyance records of the situs of his servitude an instrument describing the land subject to the servitude, identifying the operations, specifying 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:47. Compulsory unit operations; adoption unnecessary

RS 31:47 - Compulsory unit operations; adoption unnecessary
When drilling or mining operations or actual production otherwise sufficient to interrupt prescription takes place on a compulsory unit including all or a part of the land burdened by a mineral servitude, an interruption of prescription takes place without formal adoption by the owner of the servitude.
Acts 1974, No. 50, §47, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:48. Obligation of servitude owner to pay costs

RS 31:48 - Obligation of servitude owner to pay costs
Except as provided in this Article, upon filing for registry of the instrument required by Article 46, the servitude owner becomes obligated to pay his proportionate share of the reasonable, actual costs of development and operation 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:49. Unsuccessful operations; waiver of damages when adopted

RS 31:49 - Unsuccessful operations; waiver of damages when adopted
If the operations adopted were unsuccessful, the servitude owner is not only obligated to pay costs as required by Article 48, he also waives any right to damages against the party conducting the operations.
Acts 1974, No. 50, §49, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:51. Adoption when servitude under lease

RS 31:51 - Adoption when servitude under lease
The owner of a mineral servitude may adopt the operations of another even though his rights are under lease and his lessee is unwilling to share in the costs of development and operation. If the operations have resulted in production to 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:52. Right to claim production in absence of adoption

RS 31:52 - Right to claim production in absence of adoption
Although the servitude owner fails to adopt operations by another, he may claim the proportion of production allocable to his interest which was obtained prior to the lapse of three years from his knowledge of the operations 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:53. Adoption possible only as specifically provided

RS 31:53 - Adoption possible only as specifically provided
Articles 44 through 52 provide the only means by which the prescription of nonuse may be interrupted by operations conducted by persons other than those designated in Article 42.
Acts 1974, No. 50, §53, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:54. Interruption of prescription by acknowledgment; formal requirements

RS 31:54 - Interruption of prescription by acknowledgment; formal requirements
The prescription of nonuse may be interrupted by a gratuitous or onerous acknowledgment by the owner of the land burdened by a mineral servitude. An acknowledgment must be in writing, and, to affect third parties, must be filed for registry.
Acts 1974, No. 50, §54, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:56. Contractual extension of servitude; requirements

RS 31:56 - Contractual extension of servitude; requirements
A landowner may extend a mineral servitude beyond the prescriptive date for a period less than that which would result from an interruption by an acknowledgment. The extension must meet all of the requirements for an acknowledgment and must specify the period for which the servitude is extended.
Acts 1974, No. 50, §56, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:58. Prescription not affected by minority or other disability

RS 31:58 - Prescription not affected by minority or other disability
The prescription of nonuse is not suspended by the minority or other legal disability of the owner of a mineral servitude.
Acts 1974, No. 50, §58, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:59. Suspension of prescription by obstacle

RS 31:59 - Suspension of prescription by obstacle
If the owner of a mineral servitude is prevented from using it by an obstacle that he can neither prevent nor remove, the prescription of nonuse does not run as long as the obstacle remains.
Acts 1974, No. 50, §59, eff. Jan. 1, 1975.