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Mineral Code

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Title and form of citation

Relation to Civil Code

Freedom of contract and limitations thereon

Substances to which Code applicable

Ownership of solid minerals

Right to search for fugitive minerals; elements of ownership of land

When minerals reduced to possession

Landowner's right of enjoyment for mineral extraction

Correlative rights of owners of common reservoir or deposit

Liability to others with interests in common reservoir or deposit

Correlative rights of landowner and owner of a mineral right and between owners of mineral rights

Protection of landowner's interest in minerals

Damages for removal of solid minerals

Drainage of fugitive minerals; exclusion of liability; exceptions

Right of landowner to convey, reserve, or lease right to explore and develop

Basic mineral rights; status as real rights

Rescission for lesion beyond moiety unavailable

Nature of mineral rights

Capacity to create mineral rights

Authority to create mineral rights

Nature of mineral servitude

Certain rights and obligations of mineral servitude owner

Right of servitude owner to operate; protection thereof

Right of landowner to create mineral servitude

Right of conditional landowner to create mineral servitude

Usufructuary may not create mineral servitude

Extinction of mineral servitudes

Commencement of prescription of nonuse

How prescription of nonuse is interrupted

Date on which prescription interrupted and commenced anew

Operations beyond prescriptive date; effect as interruption

Interruption by additional operations

Unit operations; effect as interruption of prescription

Shut-in well; testing as interruption of prescription

Unitization with tested shut-in well as interruption of prescription

Production as interruption of prescription

Unit production as interruption of prescription

Good faith production for beneficial purpose required

Attempt to restore or secure new production as interruption of prescription

Interruption applicable to all minerals and modes of use

Commencement of prescription anew following attempt to restore or secure new production

By whom a mineral servitude may be used

When a person is acting on behalf of servitude owner

Adoption of operations by another

Time within which adoption must be made

Procedure for adoption

Compulsory unit operations; adoption unnecessary

Obligation of servitude owner to pay costs

Unsuccessful operations; waiver of damages when adopted

Adoption a matter of right

Adoption when servitude under lease

Right to claim production in absence of adoption

Adoption possible only as specifically provided

Interruption of prescription by acknowledgment; formal requirements

Express intent required

Contractual extension of servitude; requirements

Extended servitude subject to rules of prescription

Prescription not affected by minority or other disability

Suspension of prescription by obstacle

Suspension effective as to all minerals

Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle

Mineral servitude indivisible except as specifically provided

Presumption arising from separate description of tracts forming continuous body of land

Presumption when servitudes created on noncontiguous tracts

Division of servient estate not division of servitude

Right of owners of contiguous tracts to create single servitude

Right of co-owners to create single servitude in partition of land

Effect of limitation of servitude rights to specified horizons or levels

Effect of partial conveyances of servitude rights

Effect of contracts for use or development of portion of servitude

Partial unitization not a division

Parties free to contract except as specifically limited

Single servitude may not exist on noncontiguous tracts

Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years

Right to contract regarding rules of use

Expectancy of extinction not an article of commerce

Application of after-acquired title doctrine

Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude

Prescription when after-acquired title doctrine applies; extinction of outstanding servitude

Nature of mineral royalty

Executive and operating rights not included

Who may create mineral royalty

Creation of mineral royalty by conditional owner

Creation of mineral royalty by usufructuary

Extinction of mineral royalties

Commencement of prescription of nonuse

Production as interruption of prescription; commencement of prescription anew

Saved production sufficient to interrupt prescription

Unit production as an interruption of prescription

Tested shut-in well as interruption of prescription

Unitization with tested shut-in well; effect as interruption of prescription

Interruption applicable to all minerals

Application of rules concerning acknowledgment and extension of prescription

Acknowledgment by servitude owner of previously created mineral royalty

Limited effect of acknowledgment of previously created royalty

Previously created royalty; dependency on mineral servitude when acknowledged

Prescription not affected by minority or other disability

Suspension of prescription by obstacle

Obstacle to production from servitude suspends prescription as to dependent royalty

Suspension effective as to all minerals

Mineral royalty indivisible except as specifically provided

Rule regarding effect of partial conveyance; applicability to mineral royalty

Freedom of contract; application of rules to mineral royalty

Rules applicable to transactions involving outstanding servitudes; applicability to mineral royalties

Nature of executive right

Executive right a mineral right

Interruption of prescription accruing against executive right

Nature of executive and nonexecutive interests

Obligation of owner of executive interest

Lease in violation of obligation valid; right of nonexecutive to damages

Effect of certain transactions involving executive right

Right of nonexecutive to operate

Executive right as appendage of another mineral right

Nature of mineral lease; creation on noncontiguous tracts; effect of unit operations

Requirement of term; limitation of continuation without drilling or mining operations or production

Who may grant a mineral lease

Granting of mineral lease by owner under conditional title

Right of usufructuaries to lease

Obligations of lessor

Lessor's warranty and limitation of liability for breach thereof

Right of lessee to lease from adverse claimants

Lessee's obligation to act as reasonably prudent operator

Rent and the obligation to make timely payment thereof

Production in paying quantities required; definition

Amount of royalties relevant to reasonableness of lessee's expectation

Interests created out of lessee's interest dependent thereon and not prescriptible

Lessee's right to assign or sublease

Responsibility of assignee or sublessee to original lessor

Assignor or sublessor not relieved of obligations or liabilities unless discharged

Lease not divided by partial assignment or sublease

Lessor must accept performance by assignee or sublessee

Demands by lessor; effect on assignee or sublessee

Termination of mineral lease

Right to relief for violation

Rules of default applicable except as specified

Written notice; requirement and effect on claims for damages or dissolution of lease

Nonpayment of royalties; notice prerequisite to judicial demand

Required response of lessee to notice

Division order; precedence of lease; penalties for failure to pay royalties due

Effect of payment in response to notice

Effect of nonpayment in response to notice or failure to state cause therefor

Dissolution not a favored remedy

Dissolution may be partial or entire

Summary eviction not applicable

After-acquired title clause may bind lessor and successors in title

After-acquired title doctrine; applicability in absence of special clause

Lessor's privilege

Right to seize property on premises or within fifteen days of removal

Manner of enforcement

Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescription period in acquisitions for economic development

Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.

Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.

Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.

Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.

Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.

Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.

How mineral rights are possessed

Possession under title as including mineral rights

Possession without title as including mineral rights

Interruption of possession by use or exercise of mineral rights

Interruption of possession by acknowledgment

Interruption of possession by judicial demand

Mineral rights not established by acquisitive prescription

Perfection of title by prescription as including mineral rights

Interruption of acquisitive prescription

Suspension of acquisitive prescription

Acquisitive prescription; unavailability to mineral servitude owner

Creation of mineral servitude by co-owner of land

Creation of mineral royalty by co-owner of land

Granting of mineral lease by co-owner of land

Mineral right owner may not compel partition of land

Mineral rights susceptible of undivided ownership

Those who are not co-owners of mineral rights

Right of co-owner of mineral servitude to create mineral royalties

Right of co-owner of mineral lease to create dependent rights

Mineral servitudes and royalties subject to partition

Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition

Use by one co-owner inures to benefit of all

Co-owner of mineral servitude may not operate independently

Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude

Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination

When land burdened by mineral right may be judicially partitioned in kind

Mineral right owner as party to partition of land

Appraisal of land to be partitioned required

Service of appraisal required

Opposition to appraisal permitted

Distribution of proceeds of partition sale

Effect of failure to appraise mineral right or interest therein

Owner of appraised mineral right entitled to participate in proceeds of sale

Owner of right derived from all co-owners of land unaffected by licitation

Mineral right created by party acquiring land not affected by sale

Mineral rights not included in usufruct of land except as specifically provided

Conventional usufruct may include enjoyment of mineral rights

Usufructuary of land entitled to enjoyment of mines or quarries worked; exception

When oil and gas wells and lignite operations considered open mines

When usufructuary of land entitled to grant lease

Nature of usufruct of a mineral right

Usufructuary not obligated to account to naked owner

Right of naked owner of land to enjoyment of minerals

Obligations of naked owner arising from enjoyment of rights in minerals

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Repealed by Acts 1990, No. 1079, §8, eff. Sept. 1, 1990.

Mineral rights susceptible of mortgage; effect of mortgage

Mortgage may include pledge; effect of pledge

When transfer, assignment, or termination of mortgage or pledge effective against parties dealing with mortgagee or pledgee

Obligation of owner of expired mineral right to furnish recordable act evidencing extinction or expiration of right; mineral lease

Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease

Effect of good faith dispute as to extinction or expiration of right

Applicability to demand for dissolution of mineral lease

When purchaser protected in paying party in interest under lease for minerals produced

Interest on purchase payment of production

Declaration of interest; when third party purchasers of oil may withhold payment

Availability of mandamus for nonpayment of sums due for production

Right to attorney's fee incurred in securing writ

Sales relative to minerals after they are severed are subject to the laws of registry

Nonpayment of production payment or royalties; notice prerequisite to judicial demand

Required response of obligor to notice

Effects of payment or nonpayment with or without stating reasonable cause therefor; division order

Payment information to interest owners

Accumulation of proceeds from production

Definitions

Applicability of Code to existing rights

Contracts; partnership status

Filing

Declaration in lieu of agreement