reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:164. Creation of mineral servitude by co-owner of land

RS 31:164 - Creation of mineral servitude by co-owner of land
A co-owner of land may create a mineral servitude out of his undivided interest in the land, and prescription commences from the date of its creation. One who acquires a mineral servitude from a co-owner of land shall not 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:165. Creation of mineral royalty by co-owner of land

RS 31:165 - Creation of mineral royalty by co-owner of land
A co-owner of land may create a mineral royalty out of his undivided interest in the land, and the prescription of nonuse commences from the date of its creation. The consent of the co-owner of the party creating the royalty 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:166. Granting of mineral lease by co-owner of land

RS 31:166 - Granting of mineral lease by co-owner of land
A co-owner of land may grant a valid mineral lease or a valid lease or permit for geological surveys, by means of a torsion balance, seismographic explosions, mechanical device, or any other method, as to his undivided interest 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:167. Mineral right owner may not compel partition of land

RS 31:167 - Mineral right owner may not compel partition of land
The owner of a mineral right acquired from a co-owner of land cannot compel partition of the land.
Acts 1974, No. 50, §167, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:169. Those who are not co-owners of mineral rights

RS 31:169 - Those who are not co-owners of mineral rights
Co-ownership does not exist between the owner of a mineral right and the owner of the land subject to the right or between the owners of separate mineral rights.
Acts 1974, No. 50, §169, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:170. Right of co-owner of mineral servitude to create mineral royalties

RS 31:170 - Right of co-owner of mineral servitude to create mineral royalties
A co-owner of a mineral servitude may create a mineral royalty out of his undivided interest in the servitude and prescription of nonuse commences from the date of its creation. The consent of the co-owner 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:171. Right of co-owner of mineral lease to create dependent rights

RS 31:171 - Right of co-owner of mineral lease to create dependent rights
A co-owner of the lessee's interest in a mineral lease may create a dependent right such as an overriding royalty, production payment, net profits interest, or other non-operating interest out of his undivided 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:173. Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition

RS 31:173 - Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition
Co-owners of the lessee's interest in a mineral lease may compel partition of their rights. Co-owners of a dependent right created by fewer than all of the co-owners of the lessee's interest cannot be compelled to partition their right.
Acts 1974, No. 50, §173, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:174. Use by one co-owner inures to benefit of all

RS 31:174 - Use by one co-owner inures to benefit of all
A use or possession of a mineral right inures to the benefit of all co-owners of the right.
Acts 1974, No. 50, §174, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:175. Co-owner of mineral servitude may not operate independently

RS 31:175 - Co-owner of mineral servitude may not operate independently
A co-owner of a mineral servitude shall not conduct operations on the property subject to the servitude without the consent of co-owners owning at least an undivided seventy-five percent interest in the servitude, 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:176. Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude

RS 31:176 - Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude
A co-owner of a mineral servitude may act to prevent waste or the destruction or extinction of the servitude, but he cannot impose upon his co-owner liability for any costs of 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:177. Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination

RS 31:177 - Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination
A co-owner of the lessee's interest in a mineral lease may not independently conduct operations or, except as provided in this article and Article 171, deal with the 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:178. When land burdened by mineral right may be judicially partitioned in kind

RS 31:178 - When land burdened by mineral right may be judicially partitioned in kind
If land burdened by a mineral right or rights created by fewer than all of the co-owners of the land is judicially partitioned, a partition in kind may not be ordered unless it can be accomplished in 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:179. Mineral right owner as party to partition of land

RS 31:179 - Mineral right owner as party to partition of land
If the owner of a mineral right or interest therein is not made a party to an action for partition of the land subject to his right or interest, the partition is not invalid, but the right or interest therein is not extinguished or otherwise affected.
Acts 1990, No. 971, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:180. Appraisal of land to be partitioned required

RS 31:180 - Appraisal of land to be partitioned required
If the owner of a mineral right or interest therein is made a party to an action for partition of the land subject to his right and it is determined that the partition is to be by licitation, the court shall appoint two 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:181. Service of appraisal required

RS 31:181 - Service of appraisal required
A copy of the appraisal shall be served upon each party to the action together with a notice that the appraisal may be homologated after the expiration of fifteen days from the date of service.
Acts 1974, No. 50, §181, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:182. Opposition to appraisal permitted

RS 31:182 - Opposition to appraisal permitted
An opposition to the appraisal may be filed by any party to the action at any time before homologation and shall be tried as a summary proceeding.
Acts 1974, No. 50, §182, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:183. Distribution of proceeds of partition sale

RS 31:183 - Distribution of proceeds of partition sale
When the owner of a mineral right or interest therein is entitled to participate in the proceeds of the licitation, the court shall order that the proceeds be distributed in the proportion that the homologated value of the interest 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:184. Effect of failure to appraise mineral right or interest therein

RS 31:184 - Effect of failure to appraise mineral right or interest therein
If an appraisal of any mineral right or interest therein is not made as herein required, the partition is not invalid, but the right or any interest therein is not extinguished or otherwise affected.
Acts 1974, No. 50, §184, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:185. Owner of appraised mineral right entitled to participate in proceeds of sale

RS 31:185 - Owner of appraised mineral right entitled to participate in proceeds of sale
Except as provided in Articles 186 and 187, the owner of a mineral right or an interest therein appraised in accordance with these articles is entitled to participate proportionally in the proceeds of the licitation, and his interest is extinguished by the sale.
Acts 1974, No. 50, §185, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:186. Owner of right derived from all co-owners of land unaffected by licitation

RS 31:186 - Owner of right derived from all co-owners of land unaffected by licitation
If the rights of an owner of a mineral right or rights or interest or interests therein derive from all of the co-owners of the land, whether by single or separate acts, his rights are unaffected by the licitation, and he has no interest in the proceeds of the sale.
Acts 1974, No. 50, §186, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:187. Mineral right created by party acquiring land not affected by sale

RS 31:187 - Mineral right created by party acquiring land not affected by sale
If the whole of the land is adjudicated to the party who created a mineral right or to his successor, the right is not extinguished or otherwise affected and the mineral right owner has no interest in the 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:188. Mineral rights not included in usufruct of land except as specifically provided

RS 31:188 - Mineral rights not included in usufruct of land except as specifically provided
Except as specially provided in Articles 189 through 191, the usufruct of land does not include the landowner's rights in minerals.
Acts 1974, No. 50, §188, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:189. Conventional usufruct may include enjoyment of mineral rights

RS 31:189 - Conventional usufruct may include enjoyment of mineral rights
A conventional usufruct, including one created by a donation inter vivos or mortis causa, may by express provision include the use and enjoyment of all or a specified portion of the landowner's rights in minerals.
Acts 1974, No. 50, §189, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:190. Usufructuary of land entitled to enjoyment of mines or quarries worked; exception

RS 31:190 - Usufructuary of land entitled to enjoyment of mines or quarries worked; exception
A. If a usufruct of land is that of parents during marriage, or any other legal usufruct, or if there is no provision including the use and enjoyment of mineral rights in a conventional 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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:191. When oil and gas wells and lignite operations considered open mines

RS 31:191 - When oil and gas wells and lignite operations considered open mines
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:192. Right of usufructuary of land to grant lease

RS 31:192 - Right of usufructuary of land to grant lease
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:193. Nature of usufruct of a mineral right

RS 31:193 - Nature of usufruct of a mineral right
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:194. Usufructuary not obligated to account to naked owner

RS 31:194 - Usufructuary not obligated to account to naked owner
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:195. Right of naked owner of land to enjoyment of minerals

RS 31:195 - Right of naked owner of land to enjoyment of minerals
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:196. Obligations of naked owner arising from enjoyment of rights in minerals

RS 31:196 - Obligations of naked owner arising from enjoyment of rights in minerals
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:203. Mineral rights susceptible of mortgage; effect of mortgage

RS 31:203 - Mineral rights susceptible of mortgage; effect of mortgage
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.}}
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:204. Security interest in minerals and proceeds thereof

RS 31:204 - Security interest in minerals and proceeds thereof
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.}}
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:205. When transfer, assignment, or termination of mortgage or pledge effective against parties dealing with mortgagee or pledgee

RS 31:205 - When transfer, assignment, or termination of mortgage or pledge effective against parties dealing with mortgagee or pledgee
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:206. Obligation of owner of expired mineral right to furnish recordable act evidencing extinction or expiration of right; mineral lease

RS 31:206 - Obligation of owner of expired mineral right to furnish recordable act evidencing extinction or expiration of right; mineral lease
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:207. Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease

RS 31:207 - Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:208. Effect of good faith dispute as to extinction or expiration of right

RS 31:208 - Effect of good faith dispute as to extinction or expiration of right
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:209. Applicability to demand for dissolution of mineral lease

RS 31:209 - Applicability to demand for dissolution of mineral lease
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:210. When purchaser protected in paying party in interest under lease for minerals produced

RS 31:210 - When purchaser protected in paying party in interest under lease for minerals produced
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:210.1. Interest on purchase payment of production

RS 31:210.1 - Interest on purchase payment of production
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:210.2. Declaration of interest; when third party purchasers of oil may withhold payment

RS 31:210.2 - Declaration of interest; when third party purchasers of oil may withhold payment
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:211. Availability of mandamus for nonpayment of sums due for production

RS 31:211 - Availability of mandamus for nonpayment of sums due for production
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212. Right to attorney's fee incurred in securing writ

RS 31:212 - Right to attorney's fee incurred in securing writ
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212.1. Sales relative to minerals after they are severed are subject to the laws of registry

RS 31:212.1 - Sales relative to minerals after they are severed are subject to the laws of registry
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212.21. Nonpayment of production payment or royalties; notice prerequisite to judicial demand

RS 31:212.21 - Nonpayment of production payment or royalties; notice prerequisite to judicial demand
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212.22. Required response of obligor to notice

RS 31:212.22 - Required response of obligor to notice
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212.23. Effects of payment or nonpayment with or without stating reasonable cause therefor; division order

RS 31:212.23 - Effects of payment or nonpayment with or without stating reasonable cause therefor; division order
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212.31. Payment information to interest owners

RS 31:212.31 - Payment information to interest owners
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:212.32. Accumulation of proceeds from production

RS 31:212.32 - Accumulation of proceeds from production
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:214. Applicability of Code to existing rights

RS 31:214 - Applicability of Code to existing rights
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:215. Contracts; partnership status

RS 31:215 - Contracts; partnership status
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:216. Filing

RS 31:216 - Filing
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.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:217. Declaration in lieu of agreement

RS 31:217 - Declaration in lieu of agreement
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.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:3. Authority of Department of Public Safety and Corrections

RS 32:3 - Authority of Department of Public Safety and Corrections
A. The Department of Public Safety and Corrections shall enforce the provisions of this Chapter and the commissioner's regulations adopted pursuant thereto on all highways of this state within its jurisdiction and shall exercise such other power and authority as is specifically set forth in this Chapter or other laws of this state.
B. All rules and regulations promulgated by the commissioner relative to weight enforcement, payment, and collection of procedures shall be adopted in accordance with the provisions of the Administrative Procedure Act. Such rules and regulations shall be referenced to the sections of law which they interpret or apply.
C. Members of the Weights and Standards Mobile Police Force are authorized to carry weapons and to make arrests in the enforcement of these laws and regulations and have the same authority and powers conferred by law upon other law enforcement officers of the state; however, no member of the Weights and Standards Mobile Police Force shall be authorized to carry a weapon until the member has received P.O.S.T. certification training and has been duly commissioned as a peace officer by the deputy secretary of the Department of Public Safety and Corrections, public safety services.
D. The secretary of the Department of Public Safety and Corrections shall provide the personnel and equipment required to fully implement the provisions of R.S. 32:390.23 as it relates to the permit and licensing activities of the department.
Acts 1962, No. 310, §1; Acts 1997, No. 273, §1; Acts 1997, No. 1186, §1; Acts 2010, No. 320, §1, eff. July 1, 2010; Acts 2021, No. 384, §1, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:4. Authority of departments to summon witnesses

RS 32:4 - Authority of departments to summon witnesses
In administering laws and regulations relative to motor vehicles the secretary and the commissioner may summon witnesses in behalf of the state and may administer oaths and take testimony. They also may cause depositions to be taken and may order the production of books, papers, and documents. The fees for attendance and travel of witnesses shall be the same as for witnesses before the district courts and shall be paid by the state in the same manner as any other expenditure by the departments.
Acts 1962, No. 310, §1. Amended by Acts 1977, No. 113, §1, eff. June 22, 1977.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:5. Authority of other law enforcement officers; parade marshals in Calcasieu Parish and Lake Charles; traffic control officers in the city of New Orleans

RS 32:5 - Authority of other law enforcement officers; parade marshals in Calcasieu Parish and Lake Charles; traffic control officers in the city of New Orleans
A. All law enforcement officers of this state or of any political subdivision thereof invested by law with authority to direct, control, or regulate traffic are authorized to enforce the provisions of this Chapter and regulations of the department and the commissioner adopted pursuant hereto, within their respective territorial jurisdictions, except as otherwise provided by law or this Chapter.
B. The governing authorities of the city of Lake Charles and Calcasieu Parish may employ parade marshals who shall have the authority to direct, control, and regulate traffic for parade events only. However, such parade marshals shall not have the authority to issue traffic citations.
C. The superintendent of police in the city of New Orleans may contract with or employ traffic control officers who shall have the authority to direct, control, and regulate traffic within the city of New Orleans. However, no such officer shall have the authority to issue traffic citations. The New Orleans Police Department shall establish a training program for any such traffic control officers.
Acts 1962, No. 310, §1. Amended by Acts 1977, No. 113, §1, eff. June 22, 1977; Acts 2004, No. 136, §1; Acts 2016, No. 247, §1.