reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:60. Suspension effective as to all minerals

RS 31:60 - Suspension effective as to all minerals
An obstacle to drilling or mining operations or to production of any mineral covered by an act creating a mineral servitude suspends the running of prescription as to all minerals covered by the act.
Acts 1974, No. 50, §60, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:61. Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle

RS 31:61 - Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle
A. Issuance of a compulsory unitization order establishing a unit that includes all or part of a tract burdened by a mineral servitude does not constitute an obstacle to its use.
B. The inclusion of land burdened by a servitude that includes the right to develop lignite or coal in a mining plan to conduct surface lignite or other forms of coal mining and reclamation operations is an obstacle to the use of that servitude with respect to all land included in the mining plan provided the following requirements are satisfied:
(1) Lignite or another form of coal susceptible of being mined has been discovered as a result of acts committed on the land or due to acts providing a reasonable basis of proof of the discovery of the mineral.
(2) A mining plan for the ultimate production of lignite or other forms of coal, together with a permit issued by the appropriate government official, is filed in the conveyance records of the parish or parishes in which the land burdened by the servitude is located.
(3) The mining plan along with any amendments thereto, provides for the ultimate production of the lignite or other forms of coal from the land burdened by the servitude.
(4) Actual mining operations have begun on land included in the plan, although such operations are not being conducted on the land burdened by the servitude.
Prescription shall begin to run again when reclamation operations on the land burdened by the servitude are complete, the land burdened by the servitude is deleted from the mining plan, or there is no longer in effect a permit for lignite or other form of coal mining and reclamation as to any land included in the mining plan, whichever is sooner.
Acts 1974, No. 50, §61, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:62. Mineral servitude indivisible except as specifically provided

RS 31:62 - Mineral servitude indivisible except as specifically provided
Except as provided in Articles 63 through 71, the rights and obligations of the owner of a mineral servitude are indivisible.
Acts 1974, No. 50, §62, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:63. Presumption arising from separate description of tracts forming continuous body of land

RS 31:63 - Presumption arising from separate description of tracts forming continuous body of land
A single mineral servitude is created by an act that affects a continuous body of land although individual tracts or parcels within the whole are separately described.
Acts 1974, No. 50, §63, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:64. Presumption when servitudes created on noncontiguous tracts

RS 31:64 - Presumption when servitudes created on noncontiguous tracts
An act creating mineral servitudes on noncontiguous tracts of land creates as many mineral servitudes as there are tracts unless the act provides for more.
Acts 1974, No. 50, §64, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:65. Division of servient estate not division of servitude

RS 31:65 - Division of servient estate not division of servitude
The division of a tract burdened by a mineral servitude does not divide the servitude.
Acts 1974, No. 50, §65, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:66. Right of owners of contiguous tracts to create single servitude

RS 31:66 - Right of owners of contiguous tracts to create single servitude
The owners of several contiguous tracts of land may establish a single mineral servitude in favor of one or more of them or of a third party.
Acts 1974, No. 50, §66, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:67. Right of co-owners to create single servitude in partition of land

RS 31:67 - Right of co-owners to create single servitude in partition of land
Co-owners of land constituting a continuous whole may partition it and reserve a single mineral servitude in favor of one or more of them.
Acts 1974, No. 50, §67, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:68. Effect of limitation of servitude rights to specified horizons or levels

RS 31:68 - Effect of limitation of servitude rights to specified horizons or levels
A single mineral servitude is established on a continuous tract of land notwithstanding that certain horizons or levels are excluded or the right to share in production varies as to different portions of the tract or different levels or horizons.
Acts 1974, No. 50, §68, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:69. Effect of partial conveyances of servitude rights

RS 31:69 - Effect of partial conveyances of servitude rights
The conveyance or reservation by a mineral servitude owner of a portion of his rights does not divide the mineral servitude but creates only a co-ownership, except that if a person other than the servitude owner acquires all of the rights granted by the act creating the servitude in a specific geographical area, the servitude is divided.
Acts 1974, No. 50, §69, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:70. Effect of contracts for use or development of portion of servitude

RS 31:70 - Effect of contracts for use or development of portion of servitude
Execution of a lease or other contract for use or development of a portion of a tract burdened by a mineral servitude does not divide the servitude.
Acts 1974, No. 50, §70, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:72. Parties free to contract except as specifically limited

RS 31:72 - Parties free to contract except as specifically limited
Parties to an act creating a mineral servitude may alter the applicable legal rules subject to the limitations provided in Articles 73 through 79.
Acts 1974, No. 50, §72, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:73. Single servitude may not exist on noncontiguous tracts

RS 31:73 - Single servitude may not exist on noncontiguous tracts
A single mineral servitude may not be created on two or more noncontiguous tracts of land.
Acts 1974, No. 50, §73, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:74. Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years

RS 31:74 - Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years
Parties may either fix the term of a mineral servitude or shorten the applicable period of prescription of nonuse or both. If a period of prescription greater than ten years is stipulated, the period is reduced to ten years.
Acts 1974, No. 50, §74, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:75. Right to contract regarding rules of use

RS 31:75 - Right to contract regarding rules of use
The rules of use regarding interruption of prescription on a mineral servitude may be restricted by agreement but shall not be made less burdensome, except that parties may agree expressly and in writing, either in the act creating a servitude or otherwise, that an interruption of prescription resulting from unit operations or production shall extend to the entirety of the tract burdened by the servitude regardless of the location of the well or whether all or only part of the tract is included in the unit.
Acts 1974, No. 50, §75, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:76. Expectancy of extinction not an article of commerce

RS 31:76 - Expectancy of extinction not an article of commerce
The expectancy of a landowner in the extinction of an outstanding mineral servitude cannot be conveyed or reserved directly or indirectly.
Acts 1974, No. 50, §76, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:77. Application of after-acquired title doctrine

RS 31:77 - Application of after-acquired title doctrine
If a party purports to acquire a mineral servitude from a landowner when the right purportedly acquired is outstanding in another and the landowner either subsequently acquires the outstanding right or is the owner of the land at the time it is extinguished, the after-acquired title doctrine operates to vest the right in the party who purported to acquire it to the full extent of his title.
Acts 1974, No. 50, §77, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:78. Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude

RS 31:78 - Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude
If the landowner who purported to create the mineral servitude acquires the previously outstanding mineral servitude, after having alienated the land, the party in whose favor the doctrine operates has ten years from the date of the transaction by which he purported to acquire or the remaining period of the rights acquired by his grantor in which to exercise his rights, whichever period is greater.
Acts 1974, No. 50, §78, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:79. Prescription when after-acquired title doctrine applies; extinction of outstanding servitude

RS 31:79 - Prescription when after-acquired title doctrine applies; extinction of outstanding servitude
If the landowner who purported to create the servitude remains the owner of the land at the time of the extinction of the previously outstanding rights, the party in whose favor the doctrine operates has whatever time remains between the date of vesting of title in him and ten years from the date of the transaction by which the party purported to acquire in which to exercise his rights.
Acts 1974, No. 50, §79, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:80. Nature of mineral royalty

RS 31:80 - Nature of mineral royalty
A mineral royalty is the right to participate in production of minerals from land owned by another or land subject to a mineral servitude owned by another. Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs.
Acts 1974, No. 50, §80, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:81. Executive and operating rights not included

RS 31:81 - Executive and operating rights not included
The owner of a mineral royalty has no executive rights; nor does he have the right to conduct operations to explore for or produce minerals.
Acts 1974, No. 50, §81, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:83. Creation of mineral royalty by conditional owner

RS 31:83 - Creation of mineral royalty by conditional owner
A mineral royalty may be created by one whose title terminates at a particular time or upon the occurrence of a certain condition, but it is extinguished at the specified time or on occurrence of the condition divesting the title.
Acts 1974, No. 50, §83, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:84. Creation of mineral royalty by usufructuary

RS 31:84 - Creation of mineral royalty by usufructuary
A usufructuary of land whose usufruct includes mineral rights, or the usufructuary of a mineral servitude, may establish a mineral royalty for the period of his usufruct.
Acts 1974, No. 50, §84, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:85. Extinction of mineral royalties

RS 31:85 - Extinction of mineral royalties
A mineral royalty is extinguished by:
(1) prescription resulting from nonuse for ten years;
(2) confusion with the title out of which it was created;
(3) renunciation of the royalty right on the part of him to whom it is due, or the express remission of his right;
(4) expiration of the time for which the royalty right was granted or happening of the dissolving condition attached to the mineral royalty; or
(5) extinction of the right of him who established the mineral royalty, except that the extinction of a mineral servitude by inheritance or by any act of the servitude owner does not extinguish a royalty burdening the servitude unless the royalty owner is a party to the act or otherwise consents expressly and in writing to become bound by it.
Acts 1974, No. 50, §85, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:87. Production as interruption of prescription; commencement of prescription anew

RS 31:87 - Production as interruption of prescription; commencement of prescription anew
Prescription of nonuse running against a mineral royalty is interrupted by the production of any mineral covered by the act creating the royalty. Prescription is interrupted on the date on which actual production begins and commences anew from the date of cessation of actual production.
Acts 1974, No. 50, §87, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:89. Unit production as an interruption of prescription

RS 31:89 - Unit production as an interruption of prescription
Production from a conventional or compulsory unit including all or part of the tract burdened by a mineral royalty interrupts prescription, but if the unit well is on land other than that burdened by the royalty, the interruption extends only to that portion of the tract included in the unit.
Acts 1974, No. 50, §89, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:90. Tested shut-in well as interruption of prescription

RS 31:90 - Tested shut-in well as interruption of prescription
When there exists on a tract of land burdened by a mineral royalty, or on a conventional or compulsory unit that includes all or part thereof, a shut-in well proved through testing by surface production to be capable of producing minerals in paying quantities, prescription is interrupted on the date production is obtained by such testing. If only a part of the tract burdened by the royalty is included in a unit and the unit well is on land other than that burdened by the royalty, the interruption of prescription extends only to that portion of the tract burdened by the royalty included in the unit. Prescription commences anew from the date on which the well is shut in after such testing.
Acts 1974, No. 50, §90, eff. Jan. 1, 1975. Amended by Acts 1975, No. 589, §1, eff. July 17, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:91. Unitization with tested shut-in well; effect as interruption of prescription

RS 31:91 - Unitization with tested shut-in well; effect as interruption of prescription
If the land or part thereof, burdened by a mineral royalty is included in a conventional or compulsory unit on which there is a well shut in prior to the creation of the unit, located on other land within the unit, and capable of producing in paying quantities as required by Article 90, prescription is interrupted on and commences anew from the effective date of the order or act creating the unit.
Acts 1974, No. 50, §91, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:93. Application of rules concerning acknowledgment and extension of prescription

RS 31:93 - Application of rules concerning acknowledgment and extension of prescription
Subject to the special rules provided in Articles 94 through 96, the rules applicable to acknowledgments and extensions of prescription running against mineral servitudes are applicable to mineral royalties.
Acts 1974, No. 50, §93, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:94. Acknowledgment by servitude owner of previously created mineral royalty

RS 31:94 - Acknowledgment by servitude owner of previously created mineral royalty
When a mineral royalty is created by a landowner who has subsequently created a mineral servitude, the owner of the mineral servitude may acknowledge the previously created royalty for the purpose of interrupting prescription.
Acts 1974, No. 50, §94, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:95. Limited effect of acknowledgment of previously created royalty

RS 31:95 - Limited effect of acknowledgment of previously created royalty
When an acknowledgment is made by either the owner of a mineral servitude who takes title subsequent to the creation of a mineral royalty by the landowner or by a co-owner of a mineral servitude who acquires his interest subject to a mineral royalty, the acknowledgment is effective only as to that proportion of the royalty which the interest of the acknowledging party bears to the whole of the mineral rights from which the royalty was originally created.
Acts 1974, No. 50, §95, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:96. Previously created royalty; dependency on mineral servitude when acknowledged

RS 31:96 - Previously created royalty; dependency on mineral servitude when acknowledged
When for the purpose of interrupting prescription the owner of a mineral servitude acknowledges a mineral royalty previously created by the landowner, the royalty thereafter depends upon the continued existence of the servitude.
Acts 1974, No. 50, §96, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:97. Prescription not affected by minority or other disability

RS 31:97 - 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 royalty.
Acts 1974, No. 50, §97, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:98. Suspension of prescription by obstacle

RS 31:98 - Suspension of prescription by obstacle
An obstacle to actual production of minerals that would be sufficient to suspend the prescription of nonuse if the owner of a mineral royalty were the owner of a mineral servitude suspends the prescription of nonuse running against the royalty until the obstacle is removed.
Acts 1974, No. 50, §98, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:99. Obstacle to production from servitude suspends prescription as to dependent royalty

RS 31:99 - Obstacle to production from servitude suspends prescription as to dependent royalty
An obstacle to the actual production of minerals that suspends the prescription of nonuse running against a mineral servitude burdened by a mineral royalty also suspends the prescription of nonuse running against the royalty.
Acts 1974, No. 50, §99, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:100. Suspension effective as to all minerals

RS 31:100 - Suspension effective as to all minerals
An obstacle to production of any mineral covered by an act creating a mineral royalty suspends the running of prescription as to all minerals covered by the act.
Acts 1974, No. 50, §100, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:101. Mineral royalty indivisible except as specifically provided

RS 31:101 - Mineral royalty indivisible except as specifically provided
Subject to the exceptions provided in Articles 63 through 71 applicable to mineral servitudes, the rights and obligations of the owner of a mineral royalty are indivisible.
Acts 1974, No. 50, §101, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:102. Rule regarding effect of partial conveyance; applicability to mineral royalty

RS 31:102 - Rule regarding effect of partial conveyance; applicability to mineral royalty
Article 69 is applicable as between the owner of land or of a mineral servitude and the owner of a mineral royalty burdening either.
Acts 1974, No. 50, §102, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:103. Freedom of contract; application of rules to mineral royalty

RS 31:103 - Freedom of contract; application of rules to mineral royalty
Articles 72 through 75 regarding conventional alteration of the legal incidents of creation of mineral servitudes are applicable to mineral royalties.
Acts 1974, No. 50, §103, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:104. Rules applicable to transactions involving outstanding servitudes; applicability to mineral royalties

RS 31:104 - Rules applicable to transactions involving outstanding servitudes; applicability to mineral royalties
Articles 76 through 79 concerning transactions involving outstanding mineral servitudes are applicable to mineral royalties, including those created by a mineral servitude owner.
Acts 1974, No. 50, §104, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:105. Nature of executive right

RS 31:105 - Nature of executive right
The executive right is the exclusive right to grant mineral leases of specified land or mineral rights. Unless restricted by contract it includes the right to retain bonuses and rentals. The owner of the executive right may lease the land or mineral rights over which he has power to the same extent and on such terms and conditions as if he were the owner of a mineral servitude.
Acts 1974, No. 50, §105, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:106. Executive right a mineral right

RS 31:106 - Executive right a mineral right
The executive right is a mineral right. It may exist independently or as a part of another form of mineral right, such as a mineral servitude.
Acts 1974, No. 50, §106, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:107. Interruption of prescription accruing against executive right

RS 31:107 - Interruption of prescription accruing against executive right
The prescription of nonuse of an executive right existing independently is interrupted by an act or event that would be sufficient to interrupt prescription accruing against a mineral servitude.
Acts 1974, No. 50, §107, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:108. Nature of executive and nonexecutive interests

RS 31:108 - Nature of executive and nonexecutive interests
An executive interest is a mineral right that includes an executive right. Nonexecutive interests are those that do not include the executive right, such as the mineral royalty, a landowner's interest in minerals the executive right to which has been granted to another, or a mineral servitude the executive right to which has been granted to another.
Acts 1974, No. 50, §108, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:109. Obligation of owner of executive interest

RS 31:109 - Obligation of owner of executive interest
The owner of an executive interest is not obligated to grant a mineral lease, but in doing so, he must act in good faith and in the same manner as a reasonably prudent landowner or mineral servitude owner whose interest is not burdened by a nonexecutive interest.
Acts 1974, No. 50, §109, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:110. Lease in violation of obligation valid; right of nonexecutive to damages

RS 31:110 - Lease in violation of obligation valid; right of nonexecutive to damages
A mineral lease granted in violation of the standard of conduct required by Article 109 is not invalid for that reason, but the owner of a nonexecutive interest may recover any damages sustained by him by a personal action against the owner of the executive right. The action prescribes one year from the date on which the lease is filed for registry.
Acts 1974, No. 50, §110, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:111. Effect of certain transactions involving executive right

RS 31:111 - Effect of certain transactions involving executive right
A mineral servitude from which the executive right has been separated is not thereby transformed into a mineral royalty. The creation of a mineral royalty accompanied by a grant of the executive right does not change the royalty right into a mineral servitude.
Acts 1974, No. 50, §111, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:112. Right of nonexecutive to operate

RS 31:112 - Right of nonexecutive to operate
When the executive right is separated from a mineral servitude or ownership of the land, the land or servitude owner has the right, with the consent of the owner of the executive right, to conduct drilling or mining operations on the land.
Acts 1974, No. 50, §112, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:113. Executive right as appendage of another mineral right

RS 31:113 - Executive right as appendage of another mineral right
When a mineral right is created and is accompanied by an executive right on the subject land or mineral right, the executive right is an appendage of the mineral right that it accompanies and is extinguished with it.
Acts 1974, No. 50, §113, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:114. Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations

RS 31:114 - Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations
A mineral lease is a contract by which the lessee is granted the right to explore for and produce minerals. A single lease may be created on two or more noncontiguous tracts of land. Operations on or production from the land burdened by the lease or land unitized therewith sufficient to maintain the lease according to its terms will continue the lease in force as to the entirety of the land burdened.
Acts 1974, No. 50, §114, eff. Jan. 1, 1975, Acts 2023, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:117. Granting of mineral lease by owner under conditional title

RS 31:117 - Granting of mineral lease by owner under conditional title
A mineral lease may be granted by the owner of an executive interest whose title is extinguished at a particular time or upon the occurrence of a certain condition, but it terminates at the specified time or on occurrence of the condition divesting the title.
Acts 1974, No. 50, §117, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:118. Right of usufructuaries to lease

RS 31:118 - Right of usufructuaries to lease
A usufructuary of land may grant a mineral lease on the estate of which he has the usufruct if his usufruct includes mineral rights susceptible to leasing, but any such lease is extinguished with the termination of the usufruct. A usufructuary of a mineral servitude or other executive interest may grant a mineral lease that extends beyond the term of the usufruct and binds the naked owner of the servitude.
Acts 1974, No. 50, §118, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:119. Obligations of lessor

RS 31:119 - Obligations of lessor
A mineral lessor is bound to deliver the premises that he has leased for use by the lessee, to refrain from disturbing the lessee's possession, and to perform the contract in good faith.
Acts 1974, No. 50, §119, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:120. Lessor's warranty and limitation of liability for breach thereof

RS 31:120 - Lessor's warranty and limitation of liability for breach thereof
A mineral lessor impliedly warrants title to the interest leased unless such warranty is expressly excluded or limited. The liability of the lessor for breach of warranty is limited to recovery of money paid or other property or its value given to the lessor for execution or maintenance of the lease and any royalties delivered on production from the lease.
Acts 1974, No. 50, §120, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:121. Right of lessee to lease from adverse claimants

RS 31:121 - Right of lessee to lease from adverse claimants
A mineral lessee may take leases from persons claiming the leased land or mineral rights or interests therein adversely to his lessor.
Acts 1974, No. 50, §121, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:122. Lessee's obligation to act as reasonably prudent operator

RS 31:122 - Lessee's obligation to act as reasonably prudent operator
A mineral lessee is not under a fiduciary obligation to his lessor, but he is bound to perform the contract in good faith and to develop and operate the property leased as a reasonably prudent operator for the mutual benefit of himself and his lessor. Parties may stipulate what shall constitute reasonably prudent conduct on the part of the lessee.
Acts 1974, No. 50, §122, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:123. Rent and the obligation to make timely payment thereof

RS 31:123 - Rent and the obligation to make timely payment thereof
Payments to the lessor for the maintenance of a mineral lease without drilling or mining operations or production or for the maintenance of a lease during the presence on the lease or any land unitized therewith of a well capable of production in paying quantities, and royalties paid to the lessor on production are rent. A mineral lessee is obligated to make timely payment of rent according to the terms of the contract or the custom of the mining industry in question if the contract is silent.
Acts 1974, No. 50, §123, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:124. Production in paying quantities required; definition

RS 31:124 - Production in paying quantities required; definition
When a mineral lease is being maintained by production of oil or gas, the production must be in paying quantities. It is considered to be in paying quantities when production allocable to the total original right of the lessee to share in production under the lease is sufficient to induce a reasonably prudent operator to continue production in an effort to secure a return on his investment or to minimize any loss.
As to all other minerals, it is sufficient if a reasonably prudent operator would continue production considering the particular circumstances in the light of the nature and customs of the industry involved. In appropriate cases, such as the mining of lignite, a court may consider the total amount of production allocable to the mining plan or project of which a particular lease is a part, rather than merely the amount of production from that lease.
Acts 1974, No. 50, §124, eff. Jan. 1, 1975. Amended by Acts 1976, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:125. Amount of royalties relevant to reasonableness of lessee's expectation

RS 31:125 - Amount of royalties relevant to reasonableness of lessee's expectation
In applying Article 124, the amount of the royalties being paid may be considered only insofar as it may show the reasonableness of the lessee's expectation in continuing production. The amount need not be a serious or adequate equivalent for continuance of the lease as compared with the amount of the bonus, rentals, or other sums paid to the lessor.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:126. Interests created out of lessee's interest dependent thereon and not prescriptible

RS 31:126 - Interests created out of lessee's interest dependent thereon and not prescriptible
An interest created out of the mineral lessee's interest is dependent on the continued existence of the lease and is not subject to the prescription of nonuse.
Acts 1974, No. 50, §126, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:127. Lessee's right to assign or sublease

RS 31:127 - Lessee's right to assign or sublease
The lessee's interest in a mineral lease may be assigned or subleased in whole or in part.
Acts 1974, No. 50, §127, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:128. Responsibility of assignee or sublessee to original lessor

RS 31:128 - Responsibility of assignee or sublessee to original lessor
To the extent of the interest acquired, an assignee or sublessee acquires the rights and powers of the lessee and becomes responsible directly to the original lessor for performance of the lessee's obligations.
Acts 1974, No. 50, §128, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:129. Assignor or sublessor not relieved of obligations or liabilities unless discharged

RS 31:129 - Assignor or sublessor not relieved of obligations or liabilities unless discharged
An assignor or sublessor is not relieved of his obligations or liabilities under a mineral lease unless the lessor has discharged him expressly and in writing.
Acts 1974, No. 50, §129, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:131. Lessor must accept performance by assignee or sublessee

RS 31:131 - Lessor must accept performance by assignee or sublessee
A mineral lessor must accept performance by an assignee or sublessee whether or not the assignment or sublease is filed for registry.
Acts 1974, No. 50, §131, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:132. Demands by lessor; effect on assignee or sublessee

RS 31:132 - Demands by lessor; effect on assignee or sublessee
An assignee or sublessee is bound by any notice or demand by the lessor on the lessee unless the lessor has been given written notice of the assignment or sublease and the assignment or sublease has been filed for registry. If filing and notice have taken place, any subsequent notice or demand by the lessor must be made on the assignee or sublessee.
Acts 1974, No. 50, §132, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:136. Written notice; requirement and effect on claims for damages or dissolution of lease

RS 31:136 - Written notice; requirement and effect on claims for damages or dissolution of lease
If a mineral lessor seeks relief from his lessee arising from drainage of the property leased or from any other claim that the lessee has failed to develop and operate the property leased as a prudent operator, he must give his lessee written notice of the asserted breach to perform and allow a reasonable time for performance by the lessee as a prerequisite to a judicial demand for damages or dissolution of the lease. If a lessee is found to have had actual or constructive knowledge of drainage and is held responsible for consequent damages, the damages may be computed from the time a reasonably prudent operator would have protected the leased premises from drainage. In other cases where notice is required by this Article damages may be computed only from the time the written notice was received by the lessee.
Acts 1974, No. 50, §136, eff. Jan. 1, 1975; Acts 1995, No. 1116, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:137. Nonpayment of royalties; notice prerequisite to judicial demand

RS 31:137 - Nonpayment of royalties; notice prerequisite to judicial demand
If a mineral lessor seeks relief for the failure of his lessee to make timely or proper payment of royalties, he must give his lessee written notice of such failure as a prerequisite to a judicial demand for damages or dissolution of the lease.
Acts 1974, No. 50, §137, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:138. Required response of lessee to notice

RS 31:138 - Required response of lessee to notice
The lessee shall have thirty days after receipt of the required notice within which to pay the royalties due or to respond by stating in writing a reasonable cause for nonpayment. The payment or nonpayment of the royalties or stating or failing to state a reasonable cause for nonpayment within this period has the following effect on the remedies of dissolution and damages.
Acts 1974, No. 50, §138, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:138.1. Division order; precedence of lease; penalties for failure to pay royalties due

RS 31:138.1 - Division order; precedence of lease; penalties for failure to pay royalties due
A. For the purposes of this Article, a "division order" is an instrument setting forth the proportional ownership in minerals or other substances, or the value thereof, that is prepared after examination of title and that is executed by the owners of the production or other persons having authority to act on behalf of the owners thereof.
B. A division order shall not alter or amend the terms of the mineral lease. A division order that varies the terms of the mineral lease is invalid to the extent of the variance, and the terms of the mineral lease take precedence.
C. The execution of a division order is not a condition precedent to receiving payment from a lessee. The lessee shall not withhold royalty payments because his lessor has not executed a division order.
D. If the lessee fails to pay royalties solely because his lessor has not executed a division order as defined in this Article, the court shall award as damages double the amount of royalties due, legal interest on that sum from the date due, and reasonable attorney's fees. However, if the lessor fails to supply the name, address, and tax identification number upon written request of the lessee, the lessee's failure to pay royalties shall be deemed reasonable. Acts 1992, No. 1110, §1; Acts 2023, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:139. Effect of payment in response to notice

RS 31:139 - Effect of payment in response to notice
If the lessee pays the royalties due in response to the required notice, the remedy of dissolution shall be unavailable unless it be found that the original failure to pay was fraudulent. The court may award as damages double the amount of royalties due, interest on that sum from the date due, and a reasonable attorney's fee, provided the original failure to pay royalties was either fraudulent or willful and without reasonable grounds. In all other cases, such as mere oversight or neglect, damages shall be limited to interest on the royalties computed from the date due, and a reasonable attorney's fee if such interest is not paid within thirty days of written demand therefor.
Acts 1974, No. 50, §139, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:140. Effect of nonpayment in response to notice or failure to state cause therefor

RS 31:140 - Effect of nonpayment in response to notice or failure to state cause therefor
If the lessee fails to pay royalties due or fails to inform the lessor of a reasonable cause for failure to pay in response to the required notice, the court may award as damages double the amount of royalties due, interest on that sum from the date due, and a reasonable attorney's fee regardless of the cause for the original failure to pay royalties. The court may also dissolve the lease in its discretion.
Acts 1974, No. 50, §140, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:141. Dissolution not a favored remedy

RS 31:141 - Dissolution not a favored remedy
In a case where notice of failure to pay royalties is required, dissolution should be granted only if the conduct of the lessee, either in failing to pay originally or in failing to pay in response to the required notice, is such that the remedy of damages is inadequate to do justice.
Acts 1974, No. 50, §141, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:142. Dissolution may be partial or entire

RS 31:142 - Dissolution may be partial or entire
A mineral lease may be dissolved partially or in its entirety. A decree of partial dissolution may be made applicable to a specified portion of land, to a particular stratum or strata, or to a particular mineral or minerals.
Acts 1974, No. 50, §142, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:144. After-acquired title clause may bind lessor and successors in title

RS 31:144 - After-acquired title clause may bind lessor and successors in title
A mineral lease may provide that a mineral right that terminates during the existence of the lease and becomes owned by the lessor or his successor in title shall be subject to the lease. If the lease is filed for registry, the provision is binding on all subsequent owners of the land or mineral rights leased.
Acts 1974, No. 50, §144, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:145. After-acquired title doctrine; applicability in absence of special clause

RS 31:145 - After-acquired title doctrine; applicability in absence of special clause
If, in the absence of an express provision of the kind contemplated by the preceding Article, a party purports to grant a mineral lease on land or mineral rights that he does not own, any title thereto he subsequently acquires inures to the benefit of the lessee. Successors in title of the original lessor are not bound under this Article unless they agree expressly and in writing to become so bound.
Acts 1974, No. 50, §145, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:146. Lessor's privilege

RS 31:146 - Lessor's privilege
The lessor of a mineral lease has, for the payment of his rent, and other obligations of the lease, a right of pledge on all equipment, machinery, and other property of the lessee on or attached to the property leased. The right also extends to property of others on or attached to the property leased by their express or implied consent in connection with or contemplation of operations on the lease or land unitized therewith.
Acts 1974, No. 50, §146, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:147. Right to seize property on premises or within fifteen days of removal

RS 31:147 - Right to seize property on premises or within fifteen days of removal
The mineral lessor may seize the property subject to his privilege before the lessee removes it from the leased premises, or within fifteen days after it has been removed by the lessee without the consent of the lessor, if it continues to be the property of the lessee, and can be identified.
Acts 1974, No. 50, §147, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:154. Possession under title as including mineral rights

RS 31:154 - Possession under title as including mineral rights
One who establishes corporeal possession of land as owner under an act translative of title is in possession of the rights in minerals inherent in perfect ownership of land except to the extent mineral rights are reserved in the act or the act is expressly made subject to outstanding mineral rights. This Article does not apply to a mineral lessee of the possessor or any of his ancestors.
Acts 1974, No. 50, §154, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:156. Interruption of possession by use or exercise of mineral rights

RS 31:156 - Interruption of possession by use or exercise of mineral rights
Possession of mineral rights under Article 154 or 155 is lost by adverse use or exercise of them according to their nature. Loss of possession occurs although the production or operations constituting the adverse use or exercise are not on the land being possessed. It is sufficient that the production or operations constitute a use of the mineral rights according to the title of the owner thereof. In the case of a mineral lease, the use or exercise must be such that it would interrupt the prescription of nonuse if the lessee had been the owner of a mineral servitude.
Acts 1974, No. 50, §156, eff. Jan. 1, 1975; Acts 2023, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:157. Interruption of possession by acknowledgment

RS 31:157 - Interruption of possession by acknowledgment
If a person possessing mineral rights under Article 154 or 155 acknowledges the title to mineral rights of the person against whom he is possessing, his possession of the mineral rights ceases on the date of the acknowledgment.
Acts 1974, No. 50, §157, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:158. Interruption of possession by judicial demand

RS 31:158 - Interruption of possession by judicial demand
If a person possessing mineral rights under Article 154 or 155 is made a party defendant in any action involving the possession or ownership of the mineral rights by the owner thereof, his possession of the mineral rights ceases on the date on which the action was filed in a court of competent jurisdiction or on the date of service of citation upon the possessor if the action is not filed in a court of competent jurisdiction. If the action is abandoned, voluntarily dismissed, or not prosecuted at the trial, it is considered that possession never ceased.
Acts 1974, No. 50, §158, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:160. Perfection of title by prescription as including mineral rights

RS 31:160 - Perfection of title by prescription as including mineral rights
When title to land is perfected by a possessor on the basis of acquisitive prescription, the title includes mineral rights to the extent that his possession included mineral rights for the required prescriptive period.
Acts 1974, No. 50, §160, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:161. Interruption of acquisitive prescription

RS 31:161 - Interruption of acquisitive prescription
Acquisitive prescription affecting mineral rights under Article 160 is interrupted by an act or event that results in the loss or cessation of or ouster from possession under Articles 156 through 158.
Acts 1974, No. 50, §161, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:162. Suspension of acquisitive prescription

RS 31:162 - Suspension of acquisitive prescription
A cause that suspends the running of the prescription of nonuse applicable to mineral rights has no effect on the accrual of acquisitive prescription in favor of one possessing the surface of the land as owner insofar as his possession may include mineral rights. However, if an obstacle to use of a mineral right is created by an adverse possessor, the accrual of acquisitive prescription as to the right is suspended in the same manner as the prescription of nonuse.
Acts 1974, No. 50, §162, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 31 - Mineral Code › §31:163. Acquisitive prescription; unavailability to mineral servitude owner

RS 31:163 - Acquisitive prescription; unavailability to mineral servitude owner
The owner of a mineral servitude cannot by any form of possession perfect an acquisitive title against the owner of a mineral royalty burdening his servitude.
Acts 1974, No. 50, §163, eff. Jan. 1, 1975.