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.
Impact
If the recommendations from the Louisiana State Law Institute lead to successful amendments, the current system which preserves mineral interests on state and local government lands would be modified. This could enable private individuals or entities to assert claims to mineral rights that have not been actively used, thereby potentially altering property and mineral rights transactions across the state. Such changes may influence the overall management of public lands and resources in Louisiana.
Summary
SCR105 is a Senate Concurrent Resolution from Louisiana that urges the Louisiana State Law Institute to conduct a study and provide recommendations on whether amendments should be made to the Constitution of Louisiana regarding the loss of mineral interests of the state, school boards, or levee districts. Specifically, the resolution asks for the examination of provisions that would allow these mineral interests to be subject to loss by prescription and would grant private purchasers of land from these entities the ability to acquire mineral rights through prescription resulting from nonuse.
Sentiment
The discussions surrounding SCR105 suggest a mixed sentiment among stakeholders. Proponents believe that the potential for acquiring mineral rights may encourage land purchases and investments, possibly enhancing economic development. However, opponents could raise concerns over the implications of such changes, fearing that it might undermine public control over valuable mineral resources and deplete state and local government assets.
Contention
A notable point of contention lies in the balance between public interest and private rights. The current constitutional framework protects state and local interests in mineral rights, ensuring that these valuable assets are not lost through nonuse. Amending this provision could lead to a significant shift in how mineral rights are governed, with debates likely focusing on the appropriateness of applying the concept of prescription to state-owned properties.
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)
Requests the Louisiana State Law Institute to study and make recommendations regarding the feasibility of the use of levee roads by owners of enclosed estates to reach a public road.
Directs the Louisiana State Law Institute to study the Constitution of Louisiana and make recommendations to the legislature regarding transitional and outdated language that can be removed or changed without affecting the effect of the constitutional provisions
Requests the Louisiana State Law Institute to study and make recommendations regarding the classification of mineral royalties for the purposes of bankruptcy proceedings.