Louisiana Senate Bill SB115

Louisiana 2019 Regular Session

• Introduced: 3/27/19
• Refer: 3/27/19
• Refer: 4/8/19
• Report Pass: 4/29/19
• Engrossed: 5/2/19
• Refer: 5/6/19
• Report Pass: 5/20/19
• Enrolled: 5/31/19
• Chaptered: 6/11/19
• Passed: 6/11/19

Caption

Provides relative to exercise of rights and conducting of operations arising from co-ownership of land and mineral rights. (8/1/19)

Impact

The bill is expected to impact the legal framework surrounding mineral rights significantly. By establishing stricter requirements for obtaining consent before exercising rights related to mineral servitudes, it aims to reduce conflicts between co-owners. The amendments are particularly relevant for those involved in mineral extraction and land development, as they could influence negotiations and operational decisions based on the requirement for broader consent before proceeding with any activities related to the land's mineral potential.

Summary

Senate Bill 115 amends Louisiana's regulations on mineral rights and co-ownership of land. The bill establishes guidelines for co-owners of land regarding the creation of mineral servitudes and the granting of mineral leases. One of the key provisions is that any co-owner aiming to exercise their rights concerning mineral servitude must obtain consent from other co-owners holding at least seventy-five percent of the undivided interest in the land. The changes are intended to reflect a more structured approach to co-ownership and support fair dealings among landholders.

Sentiment

The sentiment surrounding SB 115 appears largely supportive, as the changes cater to concerns about equitable treatment of co-owners in mineral rights agreements. Stakeholders involved in the mineral industry may view these amendments as positive efforts to streamline operations and resolve disputes that could arise from unilateral actions by a single co-owner. However, some caution might be present as the bill increases the threshold for consent, which could frustrate individuals or entities with lesser ownership stakes who wish to pursue development.

Contention

Notable points of contention could arise from the implications of requiring a supermajority (seventy-five percent) for consent before any operations can occur. While this aims to protect minority co-owners, it may also hinder timely access to land for exploration and development by limiting options for individuals who may have greater incentives to act independently. The balancing act between protecting co-owners' rights and enabling efficient mineral operations could spur debate among legislative members and stakeholders in Louisiana's resource sector.