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2022 Louisiana Laws
Revised Statutes
Title 31 - Mineral Code
TITLE 31
MINERAL CODE
CHAPTER 1. PRELIMINARY PROVISIONS
- §31:1. Title and form of citation
- §31:2. Relation to Civil Code
- §31:3. Freedom of contract and limitations thereon
CHAPTER 2. THE LANDOWNER'S
RIGHTS IN MINERALS
PART 1. OWNERSHIP AS INCLUDING MINERALS OR
RIGHTS THERETO
- §31:4. Substances to which Code applicable
- §31:5. Ownership of solid minerals
- §31:6. Right to search for fugitive minerals; elements of ownership of land
PART 2. REDUCTION OF MINERALS TO POSSESSION
PART 3. RIGHTS OF LANDOWNERS TO EXPLORE FOR AND
PRODUCE MINERALS AND LIMITATIONS THEREON
- §31:8. Landowner's right of enjoyment for mineral extraction
- §31:9. Correlative rights of owners of common reservoir or deposit
- §31:10. Liability to others with interests in common reservoir or deposit
- §31:11. Correlative rights of landowner and owner of a mineral right and between owners of mineral rights
PART 4. PROTECTION OF THE LANDOWNER'S RIGHTS
IN MINERALS
- §31:12. Protection of landowner's interest in minerals
- §31:13. Damages for removal of solid minerals
- §31:14. Drainage of fugitive minerals; exclusion of liability; exceptions
PART 5. CREATION OF MINERAL RIGHTS
BY THE LANDOWNER
- §31:15. Right of landowner to convey, reserve, or lease right to explore and develop
- §31:16. Basic mineral rights; status as real rights
- §31:17. Rescission for lesion beyond moiety unavailable
CHAPTER 3. THE NATURE OF MINERAL RIGHTS AND
THE CAPACITY, AUTHORITY, AND FORMALITIES
NECESSARY TO THEIR CREATION
- §31:18. Nature of mineral rights
- §31:19. Capacity to create mineral rights
- §31:20. Authority to create mineral rights
CHAPTER 4. THE MINERAL SERVITUDE
PART 1. THE NATURE OF THE MINERAL SERVITUDE
- §31:21. Nature of mineral servitude
- §31:22. Certain rights and obligations of mineral servitude owner
- §31:23. Right of servitude owner to operate; protection thereof
PART 2. WHO MAY CREATE MINERAL SERVITUDES
- §31:24. Right of landowner to create mineral servitude
- §31:25. Right of conditional landowner to create mineral servitude
- §31:26. Usufructuary may not create mineral servitude
PART 3. MODES OF EXTINCTION OF MINERAL SERVITUDES
PART 4. COMMENCEMENT OF PRESCRIPTION
SUBPART A. GENERAL PRINCIPLES
SUBPART B. INTERRUPTION OF THE PRESCRIPTION
OF NONUSE
- §31:29. How prescription of nonuse is interrupted
- §31:30. Date on which prescription interrupted and commenced anew
- §31:31. Operations beyond prescriptive date; effect as interruption
- §31:32. Interruption by additional operations
- §31:33. Unit operations; effect as interruption of prescription
- §31:34. Shut-in well; testing as interruption of prescription
- §31:35. Unitization with tested shut-in well as interruption of prescription
- §31:36. Production as interruption of prescription
- §31:37. Unit production as interruption of prescription
- §31:38. Good faith production for beneficial purpose required
- §31:39. Attempt to restore or secure new production as interruption of prescription
- §31:40. Interruption applicable to all minerals and modes of use
- §31:41. Commencement of prescription anew following attempt to restore or secure new production
SUBPART C. BY WHOM A USE MAY BE MADE
- §31:42. By whom a mineral servitude may be used
- §31:43. When a person is acting on behalf of servitude owner
- §31:44. Adoption of operations by another
- §31:45. Time within which adoption must be made
- §31:46. Procedure for adoption
- §31:47. Compulsory unit operations; adoption unnecessary
- §31:48. Obligation of servitude owner to pay costs
- §31:49. Unsuccessful operations; waiver of damages when adopted
- §31:50. Adoption a matter of right
- §31:51. Adoption when servitude under lease
- §31:52. Right to claim production in absence of adoption
- §31:53. Adoption possible only as specifically provided
SUBPART D. INTERRUPTION OF PRESCRIPTION BY
ACKNOWLEDGMENT
- §31:54. Interruption of prescription by acknowledgment; formal requirements
- §31:55. Express intent required
SUBPART E. CONTRACTUAL EXTENSION OF PRESCRIPTION
- §31:56. Contractual extension of servitude; requirements
- §31:57. Extended servitude subject to rules of prescription
SUBPART F. SUSPENSION OF PRESCRIPTION
- §31:58. Prescription not affected by minority or other disability
- §31:59. Suspension of prescription by obstacle
- §31:60. Suspension effective as to all minerals
- §31:61. Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle
PART 5. INDIVISIBILITY OF THE MINERAL SERVITUDE
- §31:62. Mineral servitude indivisible except as specifically provided
- §31:63. Presumption arising from separate description of tracts forming continuous body of land
- §31:64. Presumption when servitudes created on noncontiguous tracts
- §31:65. Division of servient estate not division of servitude
- §31:66. Right of owners of contiguous tracts to create single servitude
- §31:67. Right of co-owners to create single servitude in partition of land
- §31:68. Effect of limitation of servitude rights to specified horizons or levels
- §31:69. Effect of partial conveyances of servitude rights
- §31:70. Effect of contracts for use or development of portion of servitude
- §31:71. Partial unitization not a division
PART 6. CONVENTIONAL ALTERATION OF THE
LEGAL INCIDENTS OF CREATION OF A MINERAL SERVITUDE
- §31:72. Parties free to contract except as specifically limited
- §31:73. Single servitude may not exist on noncontiguous tracts
- §31:74. Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years
- §31:75. Right to contract regarding rules of use
PART 7. TRANSACTIONS INVOLVING OUTSTANDING
MINERAL SERVITUDES
- §31:76. Expectancy of extinction not an article of commerce
- §31:77. Application of after-acquired title doctrine
- §31:78. Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude
- §31:79. Prescription when after-acquired title doctrine applies; extinction of outstanding servitude
CHAPTER 5. THE MINERAL ROYALTY
PART 1. THE NATURE OF THE MINERAL ROYALTY
PART 2. WHO MAY CREATE A MINERAL ROYALTY
- §31:82. Who may create mineral royalty
- §31:83. Creation of mineral royalty by conditional owner
- §31:84. Creation of mineral royalty by usufructuary
PART 3. MODES OF EXTINCTION OF THE MINERAL ROYALTY
SUBPART B. INTERRUPTION OF PRESCRIPTION BY USE
- §31:87. Production as interruption of prescription; commencement of prescription anew
- §31:88. Saved production sufficient to interrupt prescription
- §31:89. Unit production as an interruption of prescription
- §31:90. Tested shut-in well as interruption of prescription
- §31:91. Unitization with tested shut-in well; effect as interruption of prescription
- §31:92. Interruption applicable to all minerals
SUBPART C. ACKNOWLEDGMENT AND CONTRACTUAL
EXTENSION OF MINERAL ROYALTIES
- §31:93. Application of rules concerning acknowledgment and extension of prescription
- §31:94. Acknowledgment by servitude owner of previously created mineral royalty
- §31:95. Limited effect of acknowledgment of previously created royalty
- §31:96. Previously created royalty; dependency on mineral servitude when acknowledged
SUBPART D. SUSPENSION OF PRESCRIPTION
- §31:97. Prescription not affected by minority or other disability
- §31:98. Suspension of prescription by obstacle
- §31:99. Obstacle to production from servitude suspends prescription as to dependent royalty
- §31:100. Suspension effective as to all minerals
PART 5. INDIVISIBILITY OF THE MINERAL ROYALTY
- §31:101. Mineral royalty indivisible except as specifically provided
- §31:102. Rule regarding effect of partial conveyance; applicability to mineral royalty
PART 6. CONVENTIONAL ALTERATION OF THE
LEGAL INCIDENTS OF CREATION OF A MINERAL ROYALTY
PART 7. TRANSACTIONS INVOLVING OUTSTANDING
MINERAL ROYALTIES
CHAPTER 6. EXECUTIVE RIGHTS
- §31:105. Nature of executive right
- §31:106. Executive right a mineral right
- §31:107. Interruption of prescription accruing against executive right
- §31:108. Nature of executive and nonexecutive interests
- §31:109. Obligation of owner of executive interest
- §31:110. Lease in violation of obligation valid; right of nonexecutive to damages
- §31:111. Effect of certain transactions involving executive right
- §31:112. Right of nonexecutive to operate
- §31:113. Executive right as appendage of another mineral right
CHAPTER 7. THE MINERAL LEASE
PART 1. THE NATURE OF THE MINERAL LEASE
- §31:114. Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations
- §31:115. Requirement of term; limitation of continuation without drilling or mining operations or production
PART 2. WHO MAY GRANT MINERAL LEASES
- §31:116. Who may grant a mineral lease
- §31:117. Granting of mineral lease by owner under conditional title
- §31:118. Right of usufructuaries to lease
PART 3. THE OBLIGATIONS OF THE LESSOR
- §31:119. Obligations of lessor
- §31:120. Lessor's warranty and limitation of liability for breach thereof
- §31:121. Right of lessee to lease from adverse claimants
PART 4. THE OBLIGATIONS OF THE LESSEE
- §31:122. Lessee's obligation to act as reasonably prudent operator
- §31:123. Rent and the obligation to make timely payment thereof
- §31:124. Production in paying quantities required; definition
- §31:125. Amount of royalties relevant to reasonableness of lessee's expectation
PART 5. TRANSACTIONS INVOLVING THE LESSEE'S INTEREST
- §31:126. Interests created out of lessee's interest dependent thereon and not prescriptible
- §31:127. Lessee's right to assign or sublease
- §31:128. Responsibility of assignee or sublessee to original lessor
- §31:129. Assignor or sublessor not relieved of obligations or liabilities unless discharged
- §31:130. Lease not divided by partial assignment or sublease
- §31:131. Lessor must accept performance by assignee or sublessee
- §31:132. Demands by lessor; effect on assignee or sublessee
PART 6. TERMINATION AND REMEDIES FOR VIOLATION
- §31:133. Termination of mineral lease
- §31:134. Right to relief for violation
- §31:135. Rules of default applicable except as specified
- §31:136. Written notice; requirement and effect on claims for damages or dissolution of lease
- §31:137. Nonpayment of royalties; notice prerequisite to judicial demand
- §31:138. Required response of lessee to notice
- §31:138.1. Division order; precedence of lease; penalties for failure to pay royalties due
- §31:139. Effect of payment in response to notice
- §31:140. Effect of nonpayment in response to notice or failure to state cause therefor
- §31:141. Dissolution not a favored remedy
- §31:142. Dissolution may be partial or entire
- §31:143. Summary eviction not applicable
PART 7. LEASES INVOLVING OUTSTANDING MINERAL RIGHTS
- §31:144. After-acquired title clause may bind lessor and successors in title
- §31:145. After-acquired title doctrine; applicability in absence of special clause
PART 8. THE LESSOR'S PRIVILEGE
- §31:146. Lessor's privilege
- §31:147. Right to seize property on premises or within fifteen days of removal
- §31:148. Manner of enforcement
CHAPTER 8. MINERAL RIGHTS IN LAND ACQUIRED
OR EXPROPRIATED BY GOVERNMENTS OR
GOVERNMENTAL AGENCIES
- §31:149. Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescription period in acquisitions for economic development
- §31:149.1. Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- §31:149.2. Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- §31:149.3. Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- §31:150. Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- §31:151. Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
- §31:152. Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
CHAPTER 9. POSSESSION AND ACQUISITIVE PRESCRIPTION
PART 1. POSSESSION OF MINERAL RIGHTS
PART 2. POSSESSION OF LAND AS INCLUDING
MINERAL RIGHTS
- §31:154. Possession under title as including mineral rights
- §31:155. Possession without title as including mineral rights
PART 3. INTERRUPTION OF POSSESSION OF MINERAL RIGHTS
BY POSSESSION OF LAND
- §31:156. Interruption of possession by use or exercise of mineral rights
- §31:157. Interruption of possession by acknowledgment
- §31:158. Interruption of possession by judicial demand
PART 4. THE EFFECT OF ACQUISITIVE PRESCRIPTION
ON MINERAL RIGHTS
- §31:159. Mineral rights not established by acquisitive prescription
- §31:160. Perfection of title by prescription as including mineral rights
- §31:161. Interruption of acquisitive prescription
- §31:162. Suspension of acquisitive prescription
- §31:163. Acquisitive prescription; unavailability to mineral servitude owner
CHAPTER 10. CO-OWNERSHIP
PART 1. CREATION OF MINERAL RIGHTS BY
CO-OWNERS OF LAND
- §31:164. Creation of mineral servitude by co-owner of land
- §31:165. Creation of mineral royalty by co-owner of land
- §31:166. Granting of mineral lease by co-owner of land
- §31:167. Mineral right owner may not compel partition of land
PART 2. CO-OWNERSHIP OF MINERAL RIGHTS
SUBPART A. WHEN CO-OWNERSHIP EXISTS
- §31:168. Mineral rights susceptible of undivided ownership
- §31:169. Those who are not co-owners of mineral rights
SUBPART B. CREATION OF DEPENDENT MINERAL RIGHTS BY
CO-OWNERS OF MINERAL RIGHTS
- §31:170. Right of co-owner of mineral servitude to create mineral royalties
- §31:171. Right of co-owner of mineral lease to create dependent rights
SUBPART C. PARTITION OF MINERAL RIGHTS WHICH ARE THE
SUBJECT OF CO-OWNERSHIP
- §31:172. Mineral servitudes and royalties subject to partition
- §31:173. Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition
SUBPART D. RIGHTS AND CONSEQUENCES ARISING
FROM CO-OWNERSHIP OF MINERAL RIGHTS
- §31:174. Use by one co-owner inures to benefit of all
- §31:175. Co-owner of mineral servitude may not operate independently
- §31:176. Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude
- §31:177. Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination
PART 3. PARTITION OF LAND AND ITS EFFECT ON
MINERAL RIGHTS
- §31:178. When land burdened by mineral right may be judicially partitioned in kind
- §31:179. Mineral right owner as party to partition of land
- §31:180. Appraisal of land to be partitioned required
- §31:181. Service of appraisal required
- §31:182. Opposition to appraisal permitted
- §31:183. Distribution of proceeds of partition sale
- §31:184. Effect of failure to appraise mineral right or interest therein
- §31:185. Owner of appraised mineral right entitled to participate in proceeds of sale
- §31:186. Owner of right derived from all co-owners of land unaffected by licitation
- §31:187. Mineral right created by party acquiring land not affected by sale
CHAPTER 11. RIGHTS OF USUFRUCTUARIES IN MINERALS
- §31:188. Mineral rights not included in usufruct of land except as specifically provided
- §31:189. Conventional usufruct may include enjoyment of mineral rights
- §31:190. Usufructuary of land entitled to enjoyment of mines or quarries worked; exception
- §31:191. When oil and gas wells and lignite operations considered open mines
- §31:192. When usufructuary of land entitled to grant lease
- §31:193. Nature of usufruct of a mineral right
- §31:194. Usufructuary not obligated to account to naked owner
- §31:195. Right of naked owner of land to enjoyment of minerals
- §31:196. Obligations of naked owner arising from enjoyment of rights in minerals
CHAPTER 12. SECURED RIGHTS IN MINERAL RIGHTS
PART 1. PLEDGE OF MINERAL RIGHTS
- §31:197. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
- §31:198. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
- §31:198.1. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
- §31:199. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
- §31:200. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
- §31:201. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
- §31:202. Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.
PART 2. MORTGAGE OF MINERAL RIGHTS
- §31:203. Mineral rights susceptible of mortgage; effect of mortgage
- §31:204. Mortgage may include pledge; effect of pledge
PART 3. GENERAL PROVISIONS
CHAPTER 13. MISCELLANEOUS PROVISIONS
PART I. DEMAND FOR AUTHORIZATION TO CANCEL
EXTINGUISHED MINERAL RIGHT FROM PUBLIC RECORDS
- §31:206. Obligation of owner of expired mineral right to furnish recordable act evidencing extinction or expiration of right; mineral lease
- §31:207. Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease
- §31:208. Effect of good faith dispute as to extinction or expiration of right
- §31:209. Applicability to demand for dissolution of mineral lease
PART 2. PROTECTION OF PURCHASERS OF PRODUCTION;
COMPELLING PAYMENT FOR PRODUCTION
- §31:210. When purchaser protected in paying party in interest under lease for minerals produced
- §31:210.1. Interest on purchase payment of production
- §31:210.2. Declaration of interest; when third party purchasers of oil may withhold payment
- §31:211. Availability of mandamus for nonpayment of sums due for production
- §31:212. Right to attorney's fee incurred in securing writ
- §31:212.1. Sales relative to minerals after they are severed are subject to the laws of registry
PART 2-A. PRODUCTION PAYMENTS AND ROYALTY
PAYMENTS TO OTHER THAN MINERAL LESSOR;
REMEDIES OF OBLIGEE
- §31:212.21. Nonpayment of production payment or royalties; notice prerequisite to judicial demand
- §31:212.22. Required response of obligor to notice
- §31:212.23. Effects of payment or nonpayment with or without stating reasonable cause therefor; division order
PART 2-B. GENERAL PROVISIONS RELATING TO PAYMENT
- §31:212.31. Payment information to interest owners
- §31:212.32. Accumulation of proceeds from production
PART 3. DEFINITIONS
PART 4. APPLICATION OF CODE
PART 5. OPERATING AGREEMENTS
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