Louisiana 2011 Regular Session

Louisiana House Bill HB547

Introduced
4/25/11  

Caption

Provides for time periods for royalty payments to a mineral lessor

Impact

The legislative intent behind HB 547 is to create a clearer framework for addressing the nonpayment of royalties. Under current regulations, lessors must first notify lessees in writing before seeking legal recourse for damages or lease dissolution. The bill reinforces this requirement while adding specificity on payment timelines. By formalizing these provisions, the bill is expected to facilitate better communication and understanding among parties involved in mineral leases, potentially reducing disputes over nonpayment issues.

Summary

House Bill 547 aims to amend existing laws regarding the payment of royalties to mineral lessors in Louisiana. The bill defines 'timely payment' as either adhering to specific statutory delays or making payments within 180 days once the actual production of minerals has commenced, provided the proceeds total at least $100 annually. This definition is crucial as it sets a standardized time frame for both lessees and lessors regarding when payments are expected, promoting transparency and predictability in financial transactions related to mineral leases.

Sentiment

Discussions around HB 547 reflect a proactive approach to mineral leasing, emphasizing the importance of clear timelines and communication. Supporters of the bill argue that it serves both to protect mineral lessors' rights and to establish a fair protocol for lessees. There seems to be a general consensus that having a defined timeline for payments fosters good business practices and accountability in the often complex world of mineral resource management.

Contention

While the bill generally receives support for enhancing clarity in royalty payments, there could be concerns regarding the flexibility of payment timelines for lessees, especially in cases of financial distress. Some stakeholders may argue that the strict definitions could potentially penalize lessees who face legitimate, unforeseen delays. Finding a balance that accommodates both lessors' rights and lessees' challenges may be a point of contention as discussions around the bill progress.

Companion Bills

No companion bills found.

Previously Filed As

LA HB223

Provides relative to the timely payment of royalties to a mineral lessor

LA HB590

Provides for the payment of royalties for a nonparticipating owner's lessor royalty owner and overriding royalty owner

LA SB179

Provides how mineral royalties are classified and creates a lien for mineral royalties due to the state. (8/1/19)

LA HCR73

Requests the Louisiana Mineral Law Institute to study and make recommendations relative to timely payment of mineral royalties

LA HB444

Defines mineral production payments

LA SB328

Provides that certain mineral royalties due to the state are not rent. (8/1/18)

LA SB59

Provides for the risk charge against nonparticipating mineral owners in drilling units. (8/1/21)

LA HB458

Provides for notice of breach of a mineral lease

LA HB258

Provides for the liberative prescription on actions to recover underpayments or overpayments of royalties from the production of minerals

LA HB227

Provides relative to the nature of production payments

Similar Bills

No similar bills found.