Riceland Petroleum Co. v. North American Land Co.

869 So. 2d 894, 159 Oil & Gas Rep. 663, 3 La.App. 3 Cir. 241, 2004 La. App. LEXIS 255, 2004 WL 302340
CourtLouisiana Court of Appeal
DecidedFebruary 18, 2004
DocketNo. CA 03-241
StatusPublished

This text of 869 So. 2d 894 (Riceland Petroleum Co. v. North American Land Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riceland Petroleum Co. v. North American Land Co., 869 So. 2d 894, 159 Oil & Gas Rep. 663, 3 La.App. 3 Cir. 241, 2004 La. App. LEXIS 255, 2004 WL 302340 (La. Ct. App. 2004).

Opinion

PLANCHARD, Judge.

This matter came before the district court as a concursus filed by Riceland Petroleum Company to determine the ownership of royalties owed under mineral leases affecting land within two conservation units. The ownership of that land is disputed. Under Louisiana law title to property can be decided in a concursus proceeding. The contest in this case is between a group of private parties and the State of Louisiana. The private parties are the North American Land Company, Inc.; Mathilda Gray Stream; Stream Family Limited Partnership; HHS Naked Ownership Trust; SGSL Naked Ownership Trust; WGS Naked Ownership Trust; Harold Stream Investment Trust; Sandra Stream Investment Trust; and Gray Stream Investment Trust. The State of Louisiana appears through the State Mineral Board. In this opinion we will refer to the private parties collectively as North American-Stream, and to the State of Louisiana as the State.

The disputed property is located in Cameron Parish along the shore of the Gulf of Mexico about seven miles east of Sabine Pass, the border between Louisiana and Texas. It is an undeveloped part of the physical environment known as the Chenier Plain. According to the experts, the coast there has enjoyed an irregular but net accretion over the last two centuries, though at declining rates, the decline becoming more rapid since the middle of the 20th century. The disputed property is the accretion. The north boundary of the disputed property is the southern boundary of Township 15 South, Range 14 West (T15S, R14W), Cameron Parish, Louisiana, [896]*896as laid out in the field survey of Thomas Bilbo, a United States Deputy Surveyor, in 1888 and retraced in 1999 by a survey of Michael P. Mayeux, a Registered Louisiana Surveyor. The south boundary of the disputed property is the seashore of the Gulf of 12Mexico. The focus of the dispute is the several hundred feet of accreted property between fractional Section 23 of the township and the present shoreline of the Gulf.

There is no dispute that North American-Stream is the present owner of platted Sec. 23, T15S, R14W. There can be no dispute that the State owns the seashore (herein sometimes tidelands, sometimes shore lands) south of it. The trial court held that the owner of the several hundred feet of accretion that lies in between is North American-Stream. In effect, the trial court reasoned that because the plat of survey by which the State acquired Section 23 in the year 1850 from the United States showed a meander line along the coast as the southern boundary of the section, the coast necessarily became the ambulatory southern boundary for all time, and the owner of Section 23 will always own to the water’s edge. In so ruling, the trial court held that Louisiana Civil Code Article 500, which provides that there is no right to alluvion or dereliction on the shore of the sea or of lakes, and Louisiana case law which holds that the State owns accretion on the seashore, must give way to controlling federal law as announced in Hughes v. State of Washington, 389 U.S. 290, 88 S.Ct. 438, 19 L.Ed.2d 530 (1967). That case held that coastal boundary questions where accretions had extended the shoreline seaward are resolved by applying the federal common law rule which gives the right to the accretions to the federal grantee.

The State appeals. For reasons which we will now explain, we reverse and render judgment in favor of the State of Louisiana recognizing the State as the owner of the disputed property. We find that Hughes does not apply to this case.

The issues in this case revolve around two ancient conveyances of Section 23. The first conveyance was a grant from the United States to Louisiana by means of the Swamp Lands Acts of Congress of 1849 and 1850. The second was a sale by the 13State to Jabez B. Watkins in the year 1883. The extent of the title passed by these two conveyances are important questions that must be examined to determine the ultimate issue of ownership of the accretion today.

The history of Section 23 began in 1838 when Thomas Bilbo, a United States Surveyor, mapped T15S, R14W, Southwestern Land District (now part of Cameron Parish) on the ground. The 1838 Bilbo Survey was the official United States General Land Office survey which actually created the township and its sections and from which the Official Township Plat was made.

THE SWAMP LANDS ACQUISITION

In 1849 and 1850, Congress adopted the Swamp Lands Acts which granted to Louisiana swamp and overflowed lands for the purpose of aiding in the reclamation of those lands. The Acts required that before title could pass to the State there had to be a survey done under authority of the United States and a selection of lands by the State. The Bilbo Survey of the township related to where our disputed property lies, had already been done in 1838. By that survey the township and section corners were established, and the township and section lines were run, except that the north-south lines on some of the bottom sections were run only to the margin of the Gulf. The contour of the Gulf, relatively straight at this point, was meandered on the survey. From Bilbo’s field notes and [897]*897sketch came the plat. This plat became the official plat of the survey of the lands on file in the Louisiana State Land Office.

Because of the Gulf this township was a fractional township and Section 23 was a fractional section. According to the Official Township Plat it contained just 38 acres. This was not just the upland, but all the land in the section. It was not called a fractional section but the area given, 38 acres, in comparison with the 640 acres in a regular section, shows that Section 23 was in fact a fractional section. State v. Aucoin, 20 So.2d 136, 206 La. 787 (1944). Along with other sections in the township, fractional Section 23 was selected by the State under the Swamp Lands Act on December 7, 1850. Title became vested in the State at that time. The State Tract Book records, which are the official records reflecting this selection and approval, show in the “remarks” column of acres beside Section 23 the number 38, reflecting the acreage of the section on the Township Plat.

The trial judge decided, and we agree, that according to the Bilbo Survey, Section 23 bordered the Gulf when the section was created. The title conveyed to the State therefore extended to the seashore. Louisiana Civil Code Article 451 defines “seashore” as “the space of land over which the waters of the sea spread in the highest tide during the winter season.”

No one knows whether, between 1838 when the Bilbo survey was done and 1850 when the swamp land that included Section 23 was selected by the State, the shoreline moved in, or out, or not at all. There is in the record no evidence on which a reliable determination can be made of what actually happened in that remote and short twelve year span. There is evidence in the record showing where the shoreline was in 1838 and 1883, and we know where it is now, but no evidence was offered to establish specifically where it was in 1850. On the record before us the best evidence of where the southern boundary of Section 23 was in 1850 is where it was in 1838. All of the evidence makes it appear that Bilbo tried to establish the southern boundary of the township by a meander of the sinuosities of the high water line of the coast. For example, at one place in his field notes he indicated he was at a point where the marsh joined the Gulf of Mexico.

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869 So. 2d 894, 159 Oil & Gas Rep. 663, 3 La.App. 3 Cir. 241, 2004 La. App. LEXIS 255, 2004 WL 302340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riceland-petroleum-co-v-north-american-land-co-lactapp-2004.