• Muddy Waters: The Court of appeal of Louisiana, Second Circuit Addresses Retroactive Application of Statute Creating Imprescriptible Mineral Rights in Yates v. Marston
  • November 5, 2013 | Authors: Jasmine B. Bertrand; Salena Trahan
  • Law Firm: Onebane Law Firm APC - Lafayette Office
  • Louisiana Mineral Code Article 149 is an exception to the general rule in Louisiana that mineral servitudes are subject to prescription of nonuse and therefore extinguish if not properly used within a ten year period. The article provides that where property is sold to certain “acquiring authorities” (namely, governmental entities, certain entities with expropriation powers, and certain nonprofit organizations) and the minerals are reserved therein, prescription of nonuse running against the mineral servitude is interrupted for so long as an “acquiring authority” owns the property. Although somewhat of a misnomer, Article 149 and its predecessor statutes have been described as creating “imprescriptible mineral rights.”