§ 31:11 — Reasonable regard for concurrent uses of the land burdened by mineral rights

§11. Reasonable regard for concurrent uses of the land burdened by mineral rights
A. The owner of land burdened by a mineral right or rights and the owner of a
mineral right must exercise their respective rights with reasonable regard for those of the
other. Similarly the owners of separate mineral rights in the same land must exercise their
respective rights with reasonable regard for the rights of other owners.
B.(1) A reservation of mineral rights in an instrument transferring ownership of land
must include mention of surface rights in the exercise of the mineral rights reserved, if not
otherwise expressly provided by the parties.
(2) In the absence of particular provisions in the instrument regulating the extent,
location and nature of the rights of the mineral owner to conduct operations on the property,
the requirements of this Subsection are satisfied by inclusion of the following language in
the reservation of mineral rights: "The transferor (Seller) shall exercise the mineral rights
herein reserved with reasonable regard to the rights of the landowner, and shall use only so
much of the land, including the surface, as is reasonably necessary to conduct his operations.
Such exercise of mineral rights shall be subject to the provisions of Articles 11 and 22 of the
Louisiana Mineral Code. The transferee (Buyer) recognizes that by virtue of the mineral
reservation herein made, the mineral owner shall have the right to use so much of the land,
including the surface, as is reasonably necessary to explore for, mine and produce the
minerals."

Legislative History

Acts 1974, No. 50, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1; Acts 2006, No. 446, §1; Acts 2023, No. 88, §1.