Constitutional amendment to provide that private purchasers of lands belonging to the state, school board, or levee district shall gain the ability to acquire mineral interests upon prescription resulting from nonuse without interruption. (2/3-CA13s1(A)) (OR SEE FISC NOTE GF RV)
Impact
If enacted, SB 148 would modify existing statutes governing mineral rights, particularly relating to state-owned lands and interests held by local governing bodies. The bill would enable private entities to gain control of mineral interests that are presently protected from loss due to nonuse, potentially increasing land utilization and economic activity related to mineral extraction. It reflects a significant shift in the balance of interests between the state and private entities concerning natural resources and land management.
Summary
Senate Bill 148 proposes a constitutional amendment to allow private purchasers of lands owned by the state, school boards, or levee districts to acquire mineral interests on those lands through prescription resulting from nonuse without interruption. The bill seeks to amend Article IX, Section 4 of the Louisiana Constitution, which currently protects the state's mineral interests from being lost by prescription, except under very specific circumstances. The proposed change would establish that mineral interests can be acquired by nonuse after a minimum prescriptive period of ten years, aligning public and private mineral interest regulations.
Sentiment
The sentiment around SB 148 appears to be mixed, with support from some business and property rights advocates who view the amendment as a means to stimulate economic growth and clarify mineral rights. However, there are concerns from public interest groups and opposing legislators, who fear this change may undermine public ownership and control of mineral resources. Critics argue that the amendment could lead to exploitation of state resources and decreased public revenue from mineral interests.
Contention
Notable points of contention include concerns about the implications for local governance and the protection of state resources. Advocates for the bill emphasize the economic benefits and the modernization of mineral rights management, while opponents caution against potential overreach and loss of public resource stewardship. The debate highlights broader issues of land rights, resource management, and the role of state versus private interests in Louisiana's economy and environmental stewardship.
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.
Constitutional amendment to authorize the state to enter into certain agreements with landowners concerning boundaries between state claimed and privately claimed water bottoms. (2/3 - CA13s1(A)) (OR SEE FISC NOTE GF EX)
Constitutional amendment to repeal certain constitutionally dedicated and protected allocations and funds. (2/3-CA13s1(A)) (OR INCREASE GF RV See Note)
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.