Louisiana 2018 Regular Session

Louisiana House Bill HB444

Introduced
3/1/18  
Introduced
3/1/18  
Refer
3/2/18  
Refer
3/12/18  

Caption

Defines mineral production payments

Impact

In terms of legal impact, HB 444 modifies existing laws by specifying what constitutes a mineral production payment and differentiating it from other payment obligations that may arise for unleased mineral owners. The change aims to protect parties involved in mineral leases by standardizing the process for addressing nonpayments. This bill directly influences state laws by reinforcing the need for written notification, which could potentially reduce the number of legal disputes regarding royalty payments and enhance the clarity of obligations under mineral leases.

Summary

House Bill 444, introduced by Representative Bishop, focuses on defining mineral production payments within Louisiana's laws surrounding mineral rights and royalties. The bill aims to clarify the obligations of mineral lessees regarding the payment of royalties and production payments. Notably, it stipulates that if a royalty owner chooses to seek judicial relief for nonpayment, they are required to provide written notice to the mineral lessee before initiating any legal action. This requirement serves to establish a clear precedent for communication and responsibility between parties involved in mineral production transactions.

Sentiment

The sentiment regarding HB 444 appears to be generally supportive among those involved in the mineral production sector, particularly among lessees and royalty owners who favor clearer definitions and procedural expectations. The requirement for written notice before pursuing judicial action is viewed as a way to promote fair practices and due diligence. However, there may also be concerns from stakeholders who fear that any added steps in the process could delay resolution of disputes and complicate payments, indicating a divide in opinion based on one’s position in the mineral rights hierarchy.

Contention

While there do not appear to be significant points of contention publicly noted in the discussions surrounding HB 444, debates may exist regarding the implications of its enforcement. Opponents of more regulatory measures often raise concerns about the potential bureaucratic burden that could stem from requiring formal notice, suggesting it may elongate dispute resolution processes. Nonetheless, the bill is positioned to fortify the contracts and agreements between parties involved, which could streamline future interactions in the mineral production industry.

Companion Bills

No companion bills found.

Previously Filed As

LA HB227

Provides relative to the nature of production payments

LA HB547

Provides for time periods for royalty payments to a mineral lessor

LA HB223

Provides relative to the timely payment of royalties to a mineral lessor

LA HR238

Requests the Louisiana State Law Institute to study the classification of a production payment under Louisiana law

LA SB59

Provides for the risk charge against nonparticipating mineral owners in drilling units. (8/1/21)

LA HB564

Provides relative to drilling units

LA HB455

Provides relative to rights in minerals

LA HCR73

Requests the Louisiana Mineral Law Institute to study and make recommendations relative to timely payment of mineral royalties

LA HB458

Provides for notice of breach of a mineral lease

LA HB590

Provides for the payment of royalties for a nonparticipating owner's lessor royalty owner and overriding royalty owner

Similar Bills

No similar bills found.