2015 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 105
BY SENATORS GALLOT AND PEACOCK
A CONCURRENT RESOL UTION
To urge and request the Louisiana State Law Institute to 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.
WHEREAS, Article IX, Section 4, of the Constitution of Louisiana provides that
lands and mineral interests of the state, a school board, or of a levee district shall not be lost
by prescription except as authorized in certain exceptions; and
WHEREAS, mineral rights on property sold or otherwise transferred by these entities
must be reserved to the entity; and
WHEREAS, private citizens or entities who purchase land from the state, a school
board, or a levee district are therefore perpetually unable to acquire such mineral rights by
prescription resulting from nonuse without interruption or other means, unlike transactions
involving other property; and
WHEREAS, the Louisiana State Law Institute should study and report to the
legislature its findings concerning whether the appropriate provisions of the Constitution of
Louisiana should be revised to authorize mineral interests of the state, a school board, or a
levee district to be subject to loss by prescription or other means and, if so, the wording of
such revisions in the form of proposed legislation and appropriate text.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to 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
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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 mineral interests in those lands
upon prescription resulting from nonuse without interruption or other means.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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