SLS 15RS-1515 ORIGINAL
2015 Regular Session
SENATE CONCURRENT RESOL UTION NO. 105
BY SENATOR GALLOT
MINERALS. Requests the Louisiana State Law Institute study and make recommendations
regarding whether the Constitution of Louisiana should be amended to provide that mineral
interests of the state, school boards, or levee districts should be subject to loss by
prescription or other means.
1 A CONCURRENT RESOL UTION
2 To urge and request the Louisiana State Law Institute to study and make recommendations
3 regarding whether the Constitution of Louisiana should be amended to provide that
4 mineral interests of the state, school boards, or levee districts should be subject to
5 loss by prescription or other means, and that private purchasers of land belonging to
6 the state, school boards, or levee districts should gain the ability to acquire the
7 mineral interests in those lands upon prescription resulting from nonuse without
8 interruption or other means.
9 WHEREAS, Article IX, Section 4, of the Constitution of Louisiana provides that
10 lands and mineral interests of the state, a school board, or of a levee district shall not be lost
11 by prescription except as authorized in certain exceptions; and
12 WHEREAS, mineral rights on property sold or otherwise transferred by these entities
13 must be reserved to the entity; and
14 WHEREAS, private citizens or entities who purchase land from the state, a school
15 board, or a levee district are therefore perpetually unable to acquire such mineral rights by
16 prescription resulting from nonuse without interruption or other means, unlike transactions
17 involving other property; and
18 WHEREAS, the Louisiana State Law Institute should study and report to the
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SLS 15RS-1515 ORIGINAL
1 legislature its findings concerning whether the appropriate provisions of the Constitution of
2 Louisiana should be revised to authorize mineral interests of the state, a school board, or a
3 levee district to be subject to loss by prescription or other means and, if so, the wording of
4 such revisions in the form of proposed legislation and appropriate text.
5 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
6 urge and request the Louisiana State Law Institute to study and make recommendations
7 regarding whether the Constitution of Louisiana should be amended to provide that mineral
8 interests of the state, school boards, or levee districts should be subject to loss by
9 prescription or other means, and that private purchasers of land belonging to the state, school
10 boards, or levee districts should gain the ability to acquire mineral interests in those lands
11 upon prescription resulting from nonuse without interruption or other means.
12 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
13 Louisiana State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
SCR 105 2015 Regular Session Gallot
Requests the Louisiana State Law Institute study and make recommendations regarding
whether the Constitution of Louisiana should be amended to provide that mineral interests
of the state, school boards, or levee districts should be subject to loss by prescription or other
means, and that private purchasers of land belonging to the state, school boards, or levee
districts should gain the ability to acquire the mineral interests in those lands upon
prescription resulting from nonuse without interruption or other means.
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