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 455 Original 2023 Regular Session Coussan
Abstract: Provides relative to rights in minerals and production and accounts thereof.
Present law (R.S. 31:11(Heading)) characterizes the concept described in present law (R.S. 31:11)
as "correlative rights".
Proposed law replaces "correlative rights" with "reasonable regard".
Present law (R.S. 31:39) provides relative to the interruption of prescription after production has
ceased and prescription has commenced anew with respect to wells or mines.
Proposed law retains present law and clarifies language.
Present law (R.S. 31:75) provides for freedom of contract regarding rules of use related to
interruption of prescription on a mineral servitude.
Proposed law retains present law and clarifies language.
Present law (R.S. 31:79) provides relative to prescription when the after-acquired title doctrine
applies and extinction of an outstanding servitude.
Proposed law retains present law and corrects a grammatical error.
Present law (R.S. 31:114) provides that a single mineral lease may be granted on two or more
noncontiguous tracts of land and further provides that operations on land burdened by a mineral lease
or unitized by the lease are sufficient to maintain the lease with respect to the entirety of the land
burdened by the lease.
Proposed law clarifies that present law is applicable to leases burdening contiguous tracts. Proposed
law also clarifies that production likewise suffices to maintain such lease.
Present law (R.S. 31:138.1(A)) defines "division order".
Proposed law clarifies that the concept of a "division order" as provided in present law is not limited
in application to an instrument setting forth proportional ownership merely in oil and gas but rather
in any minerals or other substances. Present law (R.S. 31:138.1(B)) prohibits the alteration of the terms of an oil and gas lease by a
division order.
Proposed law clarifies that a division order cannot change the terms of a mineral lease.
Present law (R.S. 31:156) provides relative to interruption of possession of mineral rights by use or
exercise of mineral rights.
Proposed law retains present law and updates terminology to accurately describe the applicable
prescriptive regime, which is prescription of nonuse, instead of liberative prescription.
Present law (R.S. 31:164) provides relative to the creation of a mineral servitude by a co-owner of
land and the exercise of rights requiring consent of other co-owners.
Proposed law clarifies present law and responsibilities of the lessee or permittee.
Present law (R.S. 31:166) provides relative to the grant of a mineral lease by a co-owner of land and
the exercise of rights requiring consent of other co-owners.
Proposed law clarifies present law and responsibilities of the lessee or permittee.
Present law (R.S. 31:175) provides that a co-owner of a mineral servitude may not operate
independently, and includes requirements of consent of other co-owners, and a definition of
operations.
Proposed law clarifies present law and the responsibilities of the lessee or permittee.
Present law (R.S. 31:192) sets forth when the usufructuary of land is entitled to grant a lease and
what the usufructuary is entitled to.
Proposed law clarifies present law and removes a provision that addresses bonuses, rentals, and
payments the usufructuary is entitled to retain; specifically, that are allocable to payments or a
proportionate part.
Present law (R.S. 31:204) provides relative to the encumbrance of mineral and related rights in the
form of pledge, as well as the effects of a pledge of minerals produced.
Proposed law clarifies present law and removes obsolete temporal language. Adds a provision that
specifies that the Uniform Commercial Code - Secured Transaction governs the creation of security
interests in minerals and their proceeds as well as the rights of security interest holders against
obligors and third persons.
Present law (R.S. 31:206(A)) provides relative to the extinguishment of a mineral right by the
accrual of prescription. Proposed law retains present law and updates terminology to accurately describe the applicable
prescriptive regime.
Present law (R.S. 9:5805) provides relative to the accrual of prescription against mineral and related
rights related to the minority or other legal disability of any owner.
Proposed law repeals present law as obsolete and redundant.
(Amends R.S. 31:11(Heading) and 39, 75, 79, 114, 138.1(A) and (B), 156, 164, 166, 175, 192,
204, and 206(A); Repeals R.S. 9:5805)