Louisiana 2018 Regular Session

Louisiana House Bill HR238

Introduced
5/16/18  
Introduced
5/16/18  
Passed
5/18/18  

Caption

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

Impact

The study proposed by HR238 is expected to lead to a comprehensive evaluation of the classification, definition, and implications of production payments in Louisiana law. The findings of this study could result in recommendations that may influence legislative actions aimed at addressing the legal status of production payments. This move seeks to provide a clearer framework to mitigate ongoing legal uncertainties in the oil and gas sector, particularly for unleased mineral owners.

Summary

House Resolution 238 requests the Louisiana State Law Institute to study the classification of production payments under Louisiana law. This initiative arises from ongoing legal disputes concerning mineral production payments, particularly those affecting unleased mineral owners. The need for clarification on this matter has been highlighted by previous court rulings, notably the 2014 Fifth Circuit decision in the case of Adams v. Chesapeake Operating, Inc., which established that an owner of an unleased mineral interest is not entitled to certain legal actions regarding production payments.

Sentiment

The sentiment surrounding HR238 appears to be generally supportive among stakeholders in the oil and gas industry, as it presents an opportunity to resolve conflicts associated with production payments. There is, however, an underlying caution regarding the potential implications of any legislative changes that may arise from the study. Stakeholders, including landowners and industry associations, are likely to engage with the study process, which may reflect a more collective interest in establishing fair and clear regulations.

Contention

While consensus seems to favor the resolution for a study, notable points of contention may emerge during the process, especially concerning the interests of different stakeholders. The bill does not propose immediate changes to existing laws but rather seeks to gather information from various industry representatives, which may lead to debates about the fairness and applicability of new classifications. Key groups involved include the Louisiana Landowners Association and various oil and gas associations, whose differing perspectives may influence the study's recommendations and subsequent legislative actions.

Companion Bills

No companion bills found.

Previously Filed As

LA SR159

Requests the Louisiana State Law Institute to study and make recommendations regarding the classification of mineral royalties for the purposes of bankruptcy proceedings.

LA HCR73

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

LA HCR102

Requests the Louisiana State Law Institute to study provisions of law and make recommendations regarding modular homes

LA SR158

Requests the Louisiana State Law Institute to study Louisiana's lien laws.

LA HR220

Requests the Louisiana State Law Institute to study laws concerning award of penalties and attorney fees under the Louisiana Insurance Code

LA HR204

Requests the Louisiana State Law Institute to study the laws regarding adoption and adoption incentives

LA SR157

Requests the Louisiana State Law Institute to study the Louisiana Binding Arbitration Act.

LA HR242

Requests the Louisiana State Law Institute to study the Bergeron standard

LA SR31

Requests the Louisiana State Law Institute to study the implications of Act 743 of the 2012 Regular Session of the Legislature.

LA SCR10

Requests that the Louisiana State Law Institute study certain matters pertaining to the Louisiana Trust Code.

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