HLS 16RS-1010 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 634
BY REPRESENTATIVE MAGEE
MINERALS/RIGHTS: Provides with respect to the imprescriptible reservation of mineral
rights
1 AN ACT
2To amend and reenact R.S. 31:149(B), relative to mineral rights in land acquired by
3 governmental agencies; to provide relative to the prescription of mineral rights; to
4 provide for mineral rights in appropriated property; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 31:149(B) is hereby amended and reenacted to read as follows:
8 ยง149. Mineral rights reserved from acquisitions of land by governments or agencies
9 thereof imprescriptible; prescription period in acquisitions for economic
10 development
11 * * *
12 B. When land is acquired from any person by an acquiring authority through
13 act of sale, exchange, donation, or other contract, or by condemnation, appropriation,
14 or expropriation, and a mineral right subject to the prescription of nonuse is reserved
15 in the instrument or judgment by which the land is acquired, prescription of the
16 mineral right is interrupted as long as title to the land remains with the acquiring
17 authority, or any successor that is also an acquiring authority. The instrument or
18 judgment shall reflect the intent to reserve or exclude the mineral rights from the
19 acquisition and their imprescriptibility as authorized under the provisions of this
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1010 ORIGINAL
HB NO. 634
1 Section and shall be recorded in the conveyance records of the parish in which the
2 land is located.
3 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 634 Original 2016 Regular Session Magee
Abstract: Relative to the imprescriptibility of mineral rights in land acquired by a
governmental authority, includes property appropriated by an acquiring authority.
Present law provides that when land is acquired from any person by an acquiring authority
through act of sale, exchange, donation, or other contract, or by condemnation or
expropriation, and a mineral right is reserved, prescription of the mineral right is interrupted.
Present law requires that the instrument or judgment reflect the intent to reserve or exclude
the mineral rights from the acquisition and their imprescriptibility as authorized under
present law and requires that it be recorded in the conveyance records of the parish in which
the land is located.
Proposed law retains present law and includes property appropriated by an acquiring
authority.
(Amends R.S. 31:149(B))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.