This text of Louisiana § 9:1152 (Grant of mineral servitude on lands acquired by the state from agencies or political) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1152. Grant of mineral servitude on lands acquired by the state from agencies or political
subdivisions by subsidence or erosion
A.With regard to lands previously acquired or which may be acquired hereafter by
the state of Louisiana from an agency or political subdivision of the state due to subsidence
or erosion or other action of a navigable river, stream, bay, or lake or arm of the sea
occurring after the effective date of the Louisiana State Constitution of 1921 and which are
not subject to a mineral lease granted by the state of Louisiana on the effective date hereof,
and which are subject to a mineral lease granted by such agency or political subdivision, or
its governmental predecessor, on the effective date hereof, the state of Louisiana hereby
grants to the agency or political s
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§1152. Grant of mineral servitude on lands acquired by the state from agencies or political
subdivisions by subsidence or erosion
A. With regard to lands previously acquired or which may be acquired hereafter by
the state of Louisiana from an agency or political subdivision of the state due to subsidence
or erosion or other action of a navigable river, stream, bay, or lake or arm of the sea
occurring after the effective date of the Louisiana State Constitution of 1921 and which are
not subject to a mineral lease granted by the state of Louisiana on the effective date hereof,
and which are subject to a mineral lease granted by such agency or political subdivision, or
its governmental predecessor, on the effective date hereof, the state of Louisiana hereby
grants to the agency or political subdivision, or its governmental successor, from which it
acquired or may acquire such lands an imprescriptible and inalienable mineral servitude
affecting all minerals underlying the lands so acquired. Any such servitude shall be treated
as having been granted on the date of the change in ownership of such lands and the agency
or political subdivision holding such servitude is granted the authority to lease or otherwise
manage the mineral rights affected thereby in accordance with law.
B. The boundaries of such servitudes shall be fixed as follows:
(1) The state agency or political subdivision having an interest therein may submit
to the secretary of the Department of Conservation and Energy a certified map or plat of
survey prepared by a registered land surveyor showing the exact extent of the servitude area,
along with such other proof of the boundaries thereof as the secretary may reasonably
require. Upon sufficient showing of the boundaries of the servitude area, the secretary shall
indicate his assent thereto on the plat and on his certificate evidencing the boundaries of such
servitude.
(2) The office of mineral resources of the Department of Conservation and Energy
and the agency or political subdivision holding such servitude may fix the boundaries of such
servitudes or otherwise fix their respective interest with respect to such servitude by written
agreement.
(3) In the event the boundaries cannot be fixed in either manner provided for in
Paragraphs (1) and (2) of this Subsection, then the secretary of the Department of
Conservation and Energy, the office of mineral resources of the Department of Conservation
and Energy, or the agency or political subdivision holding such servitude may institute an
action in the parish where the property is located to fix the boundaries of such servitude in
accordance with applicable law.
(4) A true and certified copy of any certificates, plats, agreements, or judgments
fixing the boundaries of such servitudes shall be filed with the secretary of the Department
of Conservation and Energy and shall be recorded in the parish where the affected property
is located.
C. Nothing contained herein shall have the effect of modifying or repealing R.S.
9:1151.