Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB570 Engrossed / Bill

                    SLS 14RS-901	ENGROSSED
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 570
BY SENATOR LONG 
MINERALS. Provides relative to the prescription of nonuse for properties transferred in
connection to an economic development project. (8/1/14)
AN ACT1
To enact R. S. 31:149(I), relative to the prescription of nonuse; to provide for a twenty-year2
prescription period for mineral rights reserved in a transfer in connection with a state3
economic development project; to provide terms, conditions, and requirements; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 31:149(I) is hereby enacted to read as follows: 7
ยง149. Mineral rights reserved from acquisitions of land by governments or agencies8
thereof imprescriptible; prescription period in acquisitions for9
economic development 10
*          *          *11
(I) When land is acquired from any person by an acquiring authority or12
other person, through act of sale, exchange, donation, or other contract, as part13
of an economic development project pursuant to a cooperative endeavor14
agreement between the acquiring authority and the state through the15
Department of Economic Development, as evidenced in a certification by the16
secretary of the Department of Economic Development attached to the17 SB NO. 570
SLS 14RS-901	ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
instrument by which the land is acquired, and a mineral right subject to the1
prescription of nonuse is reserved in the instrument by which the land is2
acquired, the prescription of nonuse shall thereafter not run against the right3
whether the title to the land remains in the acquiring authority or is4
subsequently transferred to a third person, public or private, for a period of5
twenty years from the date of the acquisition.6
The original instrument was prepared by McHenry Lee. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Julie J. Baxter.
DIGEST
Long (SB 570)
Present law provides that mineral rights are subject to a prescription of nonuse for 10 years.
Proposed law provides when land is acquired from any person by an acquiring authority or
other person, through act of sale, exchange, donation, or other contact as part of an economic
development project pursuant to a cooperative endeavor agreement between the acquiring
authority and the state through the Department of Economic Development, as evidenced in
a certification by the secretary of the Department of Economic Development attached to the
instrument by which the land is acquired, and a mineral right subject to the prescription of
nonuse is reserved in the instrument by which the land is acquired, the prescription of nonuse
shall thereafter not run against the right whether the title to the land remains in the acquiring
authority or is subsequently transferred to a third person, public or private, for a period of
twenty years from the date of the acquisition. 
Effective August 1, 2014.
(Adds R.S. 31:149(I))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
engrossed bill
1.  Provides that twenty years from the date of acquisition shall be the time at
which the ten-year prescription of nonuse for mineral rights begins to run,
when such mineral rights are subject to prescription of nonuse and are
reserved in an instrument by which the land is acquired in a state economic
development project. 
2. Deleted certain provisions regarding notice of reinscription, including
recording, signing and certain information to be included in such notice of
reinscription.