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Permalink Reply by kittycatmama on December 26, 2011 at 4:33

Henry, thanks for starting a great topic.  I thought precription under a highway in front of a home was 10 yrs., but recently found out that on state and US highways it is forever, but there have been cases where when a parish took road frontage to build a road, the parish got minerals under road. I have been under the impression that actual drilling has to take place to interupt prescription--not just building a pad. I don't know for sure. There are a lot of members on this board who are knowledgeable, so it will be good to get their insights

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Permalink Reply by The_Baron on December 27, 2011 at 3:53

mineral rights under the right of way depends on the deed conveying the property. However, prescription does not run when land is aquired for right of ways. Just be sure to reserve your minerals!

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Permalink Reply by Skip Peel - Mineral Consultant on December 26, 2011 at 10:23

Jay is succinct and correct as per his usual.

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Permalink Reply by The_Baron on December 27, 2011 at 3:51

It doesn't have to be a regionally productive horizon.

 

it  does have to be:

(1) commenced with reasonable expectation of discovering and producing minerals in paying quantities at a particular point or depth,

(2) continued at the site chosen to that point or depth, and

(3) conducted in such a manner that they constitute a single operation although actual drilling or mining is not conducted at all times

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Permalink Reply by Henry on December 26, 2011 at 13:48

Jay and Skip,

Thanks for the answers.  After you replied, I did more searching.  Yes, the mineral code does state (in 31:30) that site prep is inadequate to interrupt prescription. 

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Permalink Reply by The_Baron on December 27, 2011 at 3:48

Henry, read my blog on prescription.

 

The mineral code is specific, in addition there is a good deal of case law on the books.

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Permalink Reply by Henry on December 28, 2011 at 0:15

Baron,

I forgot about your blog.  I went back and read it, and it answered my question and more.  My tail is officially between my legs -- I should have done a better search on this site to find an answer, before beginning this discussion.  My apologies to all.  And thanks to all who answered.

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