US Laws, Codes, Statutes & Cases

SUBPART B.  INTERRUPTION OF THE PRESCRIPTION

OF NONUSE

§29.  How prescription of nonuse is interrupted

The prescription of nonuse running against a mineral servitude is interrupted by good faith operations for the discovery and production of minerals.  By good faith is meant that the operations must be

(1)  commenced with reasonable expectation of discovering and producing minerals in paying quantities at a particular point or depth,

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

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

Acts 1974, No. 50, §29, eff. Jan. 1, 1975.