There is a newer version of the Louisiana Laws
2016 Louisiana Laws
Revised Statutes
TITLE 31 - Mineral Code
- RS 31:1 - TITLE 31 MINERAL CODE
- RS 31:2 - Relation to Civil Code
- RS 31:3 - Freedom of contract and limitations thereon
- RS 31:4 - THE LANDOWNER'S
- RS 31:5 - Ownership of solid minerals
- RS 31:6 - Right to search for fugitive minerals; elements of ownership of land
- RS 31:7 - REDUCTION OF MINERALS TO POSSESSION
- RS 31:8 - RIGHTS OF LANDOWNERS TO EXPLORE FOR AND
- RS 31:9 - Correlative rights of owners of common reservoir or deposit
- RS 31:10 - Liability to others with interests in common reservoir or deposit
- RS 31:11 - Correlative rights of landowner and owner of a mineral right and between owners of mineral rights
- RS 31:12 - PROTECTION OF THE LANDOWNER'S RIGHTS
- RS 31:13 - Damages for removal of solid minerals
- RS 31:14 - Drainage of fugitive minerals; exclusion of liability; exceptions
- RS 31:15 - CREATION OF MINERAL RIGHTS
- RS 31:16 - Basic mineral rights; status as real rights
- RS 31:17 - Rescission for lesion beyond moiety unavailable
- RS 31:18 - THE NATURE OF MINERAL RIGHTS AND
- RS 31:19 - Capacity to create mineral rights
- RS 31:20 - Authority to create mineral rights
- RS 31:21 - THE MINERAL SERVITUDE
- RS 31:22 - Certain rights and obligations of mineral servitude owner
- RS 31:23 - Right of servitude owner to operate; protection thereof
- RS 31:24 - WHO MAY CREATE MINERAL SERVITUDES
- RS 31:25 - Right of conditional landowner to create mineral servitude
- RS 31:26 - Usufructuary may not create mineral servitude
- RS 31:27 - MODES OF EXTINCTION OF MINERAL SERVITUDES
- RS 31:28 - COMMENCEMENT OF PRESCRIPTION
- RS 31:29 - How prescription of nonuse is interrupted
- RS 31:30 - Date on which prescription interrupted and commenced anew
- RS 31:31 - Operations beyond prescriptive date; effect as interruption
- RS 31:32 - Interruption by additional operations
- RS 31:33 - Unit operations; effect as interruption of prescription
- RS 31:34 - Shut-in well; testing as interruption of prescription
- RS 31:35 - Unitization with tested shut-in well as interruption of prescription
- RS 31:36 - Production as interruption of prescription
- RS 31:37 - Unit production as interruption of prescription
- RS 31:38 - Good faith production for beneficial purpose required
- RS 31:39 - Attempt to restore or secure new production as interruption of prescription
- RS 31:40 - Interruption applicable to all minerals and modes of use
- RS 31:41 - Commencement of prescription anew following attempt to restore or secure new production
- RS 31:42 - By whom a mineral servitude may be used
- RS 31:43 - When a person is acting on behalf of servitude owner
- RS 31:44 - Adoption of operations by another
- RS 31:45 - Time within which adoption must be made
- RS 31:46 - Procedure for adoption
- RS 31:47 - Compulsory unit operations; adoption unnecessary
- RS 31:48 - Obligation of servitude owner to pay costs
- RS 31:49 - Unsuccessful operations; waiver of damages when adopted
- RS 31:50 - Adoption a matter of right
- RS 31:51 - Adoption when servitude under lease
- RS 31:52 - Right to claim production in absence of adoption
- RS 31:53 - Adoption possible only as specifically provided
- RS 31:54 - Interruption of prescription by acknowledgment; formal requirements
- RS 31:55 - Express intent required
- RS 31:56 - Contractual extension of servitude; requirements
- RS 31:57 - Extended servitude subject to rules of prescription
- RS 31:58 - Prescription not affected by minority or other disability
- RS 31:59 - Suspension of prescription by obstacle
- RS 31:60 - Suspension effective as to all minerals
- RS 31:61 - Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle
- RS 31:62 - INDIVISIBILITY OF THE MINERAL SERVITUDE
- RS 31:63 - Presumption arising from separate description of tracts forming continuous body of land
- RS 31:64 - Presumption when servitudes created on noncontiguous tracts
- RS 31:65 - Division of servient estate not division of servitude
- RS 31:66 - Right of owners of contiguous tracts to create single servitude
- RS 31:67 - Right of co-owners to create single servitude in partition of land
- RS 31:68 - Effect of limitation of servitude rights to specified horizons or levels
- RS 31:69 - Effect of partial conveyances of servitude rights
- RS 31:70 - Effect of contracts for use or development of portion of servitude
- RS 31:71 - Partial unitization not a division
- RS 31:72 - CONVENTIONAL ALTERATION OF THE
- RS 31:73 - Single servitude may not exist on noncontiguous tracts
- RS 31:74 - Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years
- RS 31:75 - Right to contract regarding rules of use
- RS 31:76 - TRANSACTIONS INVOLVING OUTSTANDING
- RS 31:77 - Application of after-acquired title doctrine
- RS 31:78 - Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude
- RS 31:79 - Prescription when after-acquired title doctrine applies; extinction of outstanding servitude
- RS 31:80 - THE MINERAL ROYALTY
- RS 31:81 - Executive and operating rights not included
- RS 31:82 - WHO MAY CREATE A MINERAL ROYALTY
- RS 31:83 - Creation of mineral royalty by conditional owner
- RS 31:84 - Creation of mineral royalty by usufructuary
- RS 31:85 - MODES OF EXTINCTION OF THE MINERAL ROYALTY
- RS 31:86 - COMMENCEMENT OF PRESCRIPTION
- RS 31:87 - Production as interruption of prescription; commencement of prescription anew
- RS 31:88 - Saved production sufficient to interrupt prescription
- RS 31:89 - Unit production as an interruption of prescription
- RS 31:90 - Tested shut-in well as interruption of prescription
- RS 31:91 - Unitization with tested shut-in well; effect as interruption of prescription
- RS 31:92 - Interruption applicable to all minerals
- RS 31:93 - Application of rules concerning acknowledgment and extension of prescription
- RS 31:94 - Acknowledgment by servitude owner of previously created mineral royalty
- RS 31:95 - Limited effect of acknowledgment of previously created royalty
- RS 31:96 - Previously created royalty; dependency on mineral servitude when acknowledged
- RS 31:97 - Prescription not affected by minority or other disability
- RS 31:98 - Suspension of prescription by obstacle
- RS 31:99 - Obstacle to production from servitude suspends prescription as to dependent royalty
- RS 31:100 - Suspension effective as to all minerals
- RS 31:101 - INDIVISIBILITY OF THE MINERAL ROYALTY
- RS 31:102 - Rule regarding effect of partial conveyance; applicability to mineral royalty
- RS 31:103 - CONVENTIONAL ALTERATION OF THE
- RS 31:104 - TRANSACTIONS INVOLVING OUTSTANDING
- RS 31:105 - EXECUTIVE RIGHTS
- RS 31:106 - Executive right a mineral right
- RS 31:107 - Interruption of prescription accruing against executive right
- RS 31:108 - Nature of executive and nonexecutive interests
- RS 31:109 - Obligation of owner of executive interest
- RS 31:110 - Lease in violation of obligation valid; right of nonexecutive to damages
- RS 31:111 - Effect of certain transactions involving executive right
- RS 31:112 - Right of nonexecutive to operate
- RS 31:113 - Executive right as appendage of another mineral right
- RS 31:114 - THE MINERAL LEASE
- RS 31:115 - Requirement of term; limitation of continuation without drilling or mining operations or production
- RS 31:116 - WHO MAY GRANT MINERAL LEASES
- RS 31:117 - Granting of mineral lease by owner under conditional title
- RS 31:118 - Right of usufructuaries to lease
- RS 31:119 - THE OBLIGATIONS OF THE LESSOR
- RS 31:120 - Lessor's warranty and limitation of liability for breach thereof
- RS 31:121 - Right of lessee to lease from adverse claimants
- RS 31:122 - THE OBLIGATIONS OF THE LESSEE
- RS 31:123 - Rent and the obligation to make timely payment thereof
- RS 31:124 - Production in paying quantities required; definition
- RS 31:125 - Amount of royalties relevant to reasonableness of lessee's expectation
- RS 31:126 - TRANSACTIONS INVOLVING THE LESSEE'S INTEREST
- RS 31:127 - Lessee's right to assign or sublease
- RS 31:128 - Responsibility of assignee or sublessee to original lessor
- RS 31:129 - Assignor or sublessor not relieved of obligations or liabilities unless discharged
- RS 31:130 - Lease not divided by partial assignment or sublease
- RS 31:131 - Lessor must accept performance by assignee or sublessee
- RS 31:132 - Demands by lessor; effect on assignee or sublessee
- RS 31:133 - TERMINATION AND REMEDIES FOR VIOLATION
- RS 31:134 - Right to relief for violation
- RS 31:135 - Rules of default applicable except as specified
- RS 31:136 - Written notice; requirement and effect on claims for damages or dissolution of lease
- RS 31:137 - Nonpayment of royalties; notice prerequisite to judicial demand
- RS 31:138 - Required response of lessee to notice
- RS 31:138.1 - Division order; precedence of lease; penalties for failure to pay royalties due
- RS 31:139 - Effect of payment in response to notice
- RS 31:140 - Effect of nonpayment in response to notice or failure to state cause therefor
- RS 31:141 - Dissolution not a favored remedy
- RS 31:142 - Dissolution may be partial or entire
- RS 31:143 - Summary eviction not applicable
- RS 31:144 - LEASES INVOLVING OUTSTANDING MINERAL RIGHTS
- RS 31:145 - After-acquired title doctrine; applicability in absence of special clause
- RS 31:146 - THE LESSOR'S PRIVILEGE
- RS 31:147 - Right to seize property on premises or within fifteen days of removal
- RS 31:148 - Manner of enforcement
- RS 31:149 - Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescription period in acquisitions for economic development
- RS 31:149.1 - Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- RS 31:149.2 - Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- RS 31:149.3 - Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- RS 31:150 - Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- RS 31:151 - Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- RS 31:152 - Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- RS 31:153 - POSSESSION AND ACQUISITIVE PRESCRIPTION
- RS 31:154 - POSSESSION OF LAND AS INCLUDING
- RS 31:155 - Possession without title as including mineral rights
- RS 31:156 - INTERRUPTION OF POSSESSION OF MINERAL RIGHTS
- RS 31:157 - Interruption of possession by acknowledgment
- RS 31:158 - Interruption of possession by judicial demand
- RS 31:159 - THE EFFECT OF ACQUISITIVE PRESCRIPTION
- RS 31:160 - Perfection of title by prescription as including mineral rights
- RS 31:161 - Interruption of acquisitive prescription
- RS 31:162 - Suspension of acquisitive prescription
- RS 31:163 - Acquisitive prescription; unavailability to mineral servitude owner
- RS 31:164 - CO-OWNERSHIP
- RS 31:165 - Creation of mineral royalty by co-owner of land
- RS 31:166 - Granting of mineral lease by co-owner of land
- RS 31:167 - Mineral right owner may not compel partition of land
- RS 31:168 - CO-OWNERSHIP OF MINERAL RIGHTS
- RS 31:169 - Those who are not co-owners of mineral rights
- RS 31:170 - Right of co-owner of mineral servitude to create mineral royalties
- RS 31:171 - Right of co-owner of mineral lease to create dependent rights
- RS 31:172 - Mineral servitudes and royalties subject to partition
- RS 31:173 - Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition
- RS 31:174 - Use by one co-owner inures to benefit of all
- RS 31:175 - Co-owner of mineral servitude may not operate independently
- RS 31:176 - Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude
- RS 31:177 - Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination
- RS 31:178 - PARTITION OF LAND AND ITS EFFECT ON
- RS 31:179 - Mineral right owner as party to partition of land
- RS 31:180 - Appraisal of land to be partitioned required
- RS 31:181 - Service of appraisal required
- RS 31:182 - Opposition to appraisal permitted
- RS 31:183 - Distribution of proceeds of partition sale
- RS 31:184 - Effect of failure to appraise mineral right or interest therein
- RS 31:185 - Owner of appraised mineral right entitled to participate in proceeds of sale
- RS 31:186 - Owner of right derived from all co-owners of land unaffected by licitation
- RS 31:187 - Mineral right created by party acquiring land not affected by sale
- RS 31:188 - RIGHTS OF USUFRUCTUARIES IN MINERALS
- RS 31:189 - Conventional usufruct may include enjoyment of mineral rights
- RS 31:190 - Usufructuary of land entitled to enjoyment of mines or quarries worked; exception
- RS 31:191 - When oil and gas wells and lignite operations considered open mines
- RS 31:192 - When usufructuary of land entitled to grant lease
- RS 31:193 - Nature of usufruct of a mineral right
- RS 31:194 - Usufructuary not obligated to account to naked owner
- RS 31:195 - Right of naked owner of land to enjoyment of minerals
- RS 31:196 - Obligations of naked owner arising from enjoyment of rights in minerals
- RS 31:197 - SECURED RIGHTS IN MINERAL RIGHTS
- RS 31:198 - Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
- RS 31:198.1 - Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
- RS 31:199 - Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
- RS 31:200 - Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
- RS 31:201 - Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
- RS 31:202 - Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
- RS 31:203 - MORTGAGE OF MINERAL RIGHTS
- RS 31:204 - Mortgage may include pledge; effect of pledge
- RS 31:205 - GENERAL PROVISIONS
- RS 31:206 - MISCELLANEOUS PROVISIONS
- RS 31:207 - Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease
- RS 31:208 - Effect of good faith dispute as to extinction or expiration of right
- RS 31:209 - Applicability to demand for dissolution of mineral lease
- RS 31:210 - PROTECTION OF PURCHASERS OF PRODUCTION;
- RS 31:210.1 - Interest on purchase payment of production
- RS 31:210.2 - Declaration of interest; when third party purchasers of oil may withhold payment
- RS 31:211 - Availability of mandamus for nonpayment of sums due for production
- RS 31:212 - Right to attorney's fee incurred in securing writ
- RS 31:212.1 - Sales relative to minerals after they are severed are subject to the laws of registry
- RS 31:212.21 - Nonpayment of production payment or royalties; notice prerequisite to judicial demand
- RS 31:212.22 - Required response of obligor to notice
- RS 31:212.23 - Effects of payment or nonpayment with or without stating reasonable cause therefor; division order
- RS 31:212.31 - Payment information to interest owners
- RS 31:212.32 - Accumulation of proceeds from production
- RS 31:213 - DEFINITIONS
- RS 31:214 - APPLICATION OF CODE
- RS 31:215 - OPERATING AGREEMENTS
- RS 31:216 - Filing
- RS 31:217 - Declaration in lieu of agreement
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