EAGLES NEST EAST HALF OF SECTION 27 TOWNSHIP 16 NORTH
I STILL WOULD LIKE TO KNOW HOW THE STATE OF LOUISIANA HAS MANAGE TO KEEP THE MINERAL RIGHTS IN THIS SECTION! WRITE BOBBY FREYOU (PUBLIC LANDS RECORDS MANAGER) Bobby.Feyou@la.gov or call 1-225-342-4579 AND EVERY OTHER POLITICIAN AND SEE WHAT THEY SAY, BELIEVE ME YOU GET ALL KINDS OF ANSWERS! THE LAST ANSWER IS THAT WHEN THE STATE SELLS STATE-OWNED LANDS AFTER 1921, THE CONSTITUTION MANDATES THAT THE STATE RESERVE ITS MINERAL RIGHTS FOREVER..... WE NEED TO CHANGE THE CONSTITUTION! IT'S BEEN DONE BEFORE! AS MARY LANDRIEU STATES IN HER CAMPAIGN DON'T JUST EXCEPT THE THINGS THE WAY THEY ARE JUST BECAUSE THERE THAT WAY!
COME ON FOLKS LET ME KNOW YOUR THOUGHTS!
READ THIS! VERY INTERESTING..............
The State of Louisiana does own the mineral rights to the East Half of Section 27, Township 16 North, Range 15 West, Northwestern Land District, Louisiana Meridian, Caddo Parish, Louisiana.
NOT because of Act 202 of 1924 -- but because of the Louisiana State Constitution of 1921 Article IV Section 2. When the State sells state-owned lands after 1921, the Constitution mandates that the State reserve its mineral rights forever.
The Historical Land Title Records of the State Land Office indicate:
a) that the said East Half of Section 27 was transferred to the State from the Federal Government pursuant to a U. S. Internal Improvement Act grant which was approved December 7, 1849.
b) that the State owned said property from said 1849 until Act 202 of 1924 authorized the State Land Office to issue State Patents to N. & C. V. Ratcliff and H. J. Tieul (after they made payment of $1.50 per acre to the State Treasury).
c) that the State did issue State Patent 11855 dated October 30, 1924 to Mr. Tieul and State Patent 12174 dated June 27, 1927 to Mr. Ratcliff. Both patents did not contain language stating the State's mineral reservation.
d) I am not an attorney, but it is my understanding that the Supreme Court of Louisiana Decision No. 46440 dated June 4, 1963 (in the matter of Mrs. Geraldine R. Lewis v. State of Louisiana 244 La. 1039, 156 So. 2 d 431) briefly said that the mineral reservation by the State is constitutionally required and applies to all sales of land whereby the State divests itself of title after 1921 - therefore it does not matter if the mineral reservation is stated upon the Patent or not, the reservation is mandatory. Additionally, prescription does not run against the State.
There is no provision which allows the State to NOT reserve its mineral rights - therefore, to my knowledge, there is nothing that you can do to acquire the mineral rights from the State.
I might add that you are not alone in this situation - nor is this the first time a private landowner suddenly discovered that he did not have mineral rights to his property. There have been thousands of sales of State-owned lands after 1921 - in ALL of them the State reserved its mineral rights. It is quite common that during the sale of the property from one private owner to the next and then to the next and then to the next, that the State's mineral reservation is forgotten. But any detailed search of the chain of title back to at least 1921 should bring this issue to the attention of the title attorneys and title abstractors involved in the closing of the sale of the property. I am sorry that you were mistaken in believing that you owned the mineral rights, but I must base the State's claim to the mineral rights upon what the official records on file in this office show and upon my understanding of the law.
Please feel free to forward this e-mail to anyone interested in this matter.
Bobby M. Freyou, Public Lands Records Manager, State Land Office, Division of Administration
225-342-4579
Bobby.Freyou@la.gov
--------------------------------------------------------------------------------
THIS IS WHAT I WROTE.....
Sent: Thursday, July 17, 2008 11:45 PM
To: Bobby Freyou
Subject: (no subject)
Dear Mr. Freyou,
I live in the Eagle Nest Subdision in caddo parish Keithville, Louisiana. It is located in a part of Section 27. I understand that the section I am in , that I do not have the mineral rights because the State of Louisiana owns them according to an old 1924 law (ACT 202) it equals 320 acres. Can you please explain to me what
this law is? I feel that these minerals belong to me, because when I purchased my mineral rights were included. When I read your findings, you say Louisiana should own the minerals rights, not does own the mineral rights......Can you explain the difference of should and does? Should I own my mineral rights or do I own my mineral rights. (You can find a media coverage on this on KSLA Jeff Ferrell) for a reference)
P/S: Please let me know what to do, so that my neighbors and I can do what is necessary to collect on the mineral rights.
EVERYONE IN THIS SECTION ,IT IS WRONG FOR LOUISIANA STATE TO DO THIS!
HERE ARE SOME CONTACTS! START CALLING AND EMAILING THESE FOLKS!
Gov. Bobby Jindal 225-342-7015 www.gov.state.la.us
Mayor Cedric Glover CAO@ci.shreveport.la.us
Attorney General-Jerry Guilotte 225-326-6769
Inspector General 225-342-4615 stephen.street@la.gov
Rep Richard Burford 318-925-9588 burfordr@legis.state.la.us
Senator Sherri Cheek 318-867-4820 smithcheek@legis.state.la.us
OMR Margorie Mckeithen 225-342-4615 OMR.@dnr.state.la.us
Senator Mary Landrieu 318-676-3085 senator@landrieu.senate.gov
David Vitter 318-861-0437 senator@vitter.senate.gov
DNR Scott Angelle 225-342-4500 www.dnr.louisiana.gov
Conservation 225-342-5540 OOC-info@dnr.state.la.us
State Minerals Emile Fontenot 225-342-1080 anthony.fontenot@la.gov
Channel 12 news (Jeff Ferrell) www.ksla.com
Channel 3 news www.ktbs.com
Bobby Freyou Public Lands Records Mgmt 225-342-3479 Bobby.Freyou@la.gov
YOU HAVE A VOICE, CONTACT THE ABOVE FOLKS AND LETS GET OUR MINERAL RIGHTS BACK!
COME ON FOLKS LET ME KNOW YOUR THOUGHTS!
READ THIS! VERY INTERESTING..............
The State of Louisiana does own the mineral rights to the East Half of Section 27, Township 16 North, Range 15 West, Northwestern Land District, Louisiana Meridian, Caddo Parish, Louisiana.
NOT because of Act 202 of 1924 -- but because of the Louisiana State Constitution of 1921 Article IV Section 2. When the State sells state-owned lands after 1921, the Constitution mandates that the State reserve its mineral rights forever.
The Historical Land Title Records of the State Land Office indicate:
a) that the said East Half of Section 27 was transferred to the State from the Federal Government pursuant to a U. S. Internal Improvement Act grant which was approved December 7, 1849.
b) that the State owned said property from said 1849 until Act 202 of 1924 authorized the State Land Office to issue State Patents to N. & C. V. Ratcliff and H. J. Tieul (after they made payment of $1.50 per acre to the State Treasury).
c) that the State did issue State Patent 11855 dated October 30, 1924 to Mr. Tieul and State Patent 12174 dated June 27, 1927 to Mr. Ratcliff. Both patents did not contain language stating the State's mineral reservation.
d) I am not an attorney, but it is my understanding that the Supreme Court of Louisiana Decision No. 46440 dated June 4, 1963 (in the matter of Mrs. Geraldine R. Lewis v. State of Louisiana 244 La. 1039, 156 So. 2 d 431) briefly said that the mineral reservation by the State is constitutionally required and applies to all sales of land whereby the State divests itself of title after 1921 - therefore it does not matter if the mineral reservation is stated upon the Patent or not, the reservation is mandatory. Additionally, prescription does not run against the State.
There is no provision which allows the State to NOT reserve its mineral rights - therefore, to my knowledge, there is nothing that you can do to acquire the mineral rights from the State.
I might add that you are not alone in this situation - nor is this the first time a private landowner suddenly discovered that he did not have mineral rights to his property. There have been thousands of sales of State-owned lands after 1921 - in ALL of them the State reserved its mineral rights. It is quite common that during the sale of the property from one private owner to the next and then to the next and then to the next, that the State's mineral reservation is forgotten. But any detailed search of the chain of title back to at least 1921 should bring this issue to the attention of the title attorneys and title abstractors involved in the closing of the sale of the property. I am sorry that you were mistaken in believing that you owned the mineral rights, but I must base the State's claim to the mineral rights upon what the official records on file in this office show and upon my understanding of the law.
Please feel free to forward this e-mail to anyone interested in this matter.
Bobby M. Freyou, Public Lands Records Manager, State Land Office, Division of Administration
225-342-4579
Bobby.Freyou@la.gov
--------------------------------------------------------------------------------
THIS IS WHAT I WROTE.....
Sent: Thursday, July 17, 2008 11:45 PM
To: Bobby Freyou
Subject: (no subject)
Dear Mr. Freyou,
I live in the Eagle Nest Subdision in caddo parish Keithville, Louisiana. It is located in a part of Section 27. I understand that the section I am in , that I do not have the mineral rights because the State of Louisiana owns them according to an old 1924 law (ACT 202) it equals 320 acres. Can you please explain to me what
this law is? I feel that these minerals belong to me, because when I purchased my mineral rights were included. When I read your findings, you say Louisiana should own the minerals rights, not does own the mineral rights......Can you explain the difference of should and does? Should I own my mineral rights or do I own my mineral rights. (You can find a media coverage on this on KSLA Jeff Ferrell) for a reference)
P/S: Please let me know what to do, so that my neighbors and I can do what is necessary to collect on the mineral rights.
EVERYONE IN THIS SECTION ,IT IS WRONG FOR LOUISIANA STATE TO DO THIS!
HERE ARE SOME CONTACTS! START CALLING AND EMAILING THESE FOLKS!
Gov. Bobby Jindal 225-342-7015 www.gov.state.la.us
Mayor Cedric Glover CAO@ci.shreveport.la.us
Attorney General-Jerry Guilotte 225-326-6769
Inspector General 225-342-4615 stephen.street@la.gov
Rep Richard Burford 318-925-9588 burfordr@legis.state.la.us
Senator Sherri Cheek 318-867-4820 smithcheek@legis.state.la.us
OMR Margorie Mckeithen 225-342-4615 OMR.@dnr.state.la.us
Senator Mary Landrieu 318-676-3085 senator@landrieu.senate.gov
David Vitter 318-861-0437 senator@vitter.senate.gov
DNR Scott Angelle 225-342-4500 www.dnr.louisiana.gov
Conservation 225-342-5540 OOC-info@dnr.state.la.us
State Minerals Emile Fontenot 225-342-1080 anthony.fontenot@la.gov
Channel 12 news (Jeff Ferrell) www.ksla.com
Channel 3 news www.ktbs.com
Bobby Freyou Public Lands Records Mgmt 225-342-3479 Bobby.Freyou@la.gov
YOU HAVE A VOICE, CONTACT THE ABOVE FOLKS AND LETS GET OUR MINERAL RIGHTS BACK!
Views: 305
Replies to This Discussion
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Permalink Reply by Bandit, UMO on -
Ever thought about contacting the ACLU (American Civil Liberties Union)? After 10 years of no production in an area, the mineral ownership reverts back to the surface owner for individuals, but the state of Louisiana doesn't fall under the same rules???? It appears that the state has more rights than its citizens. As high-profile as the Haynesville Shale is right now, it seems like a good PR opportunity for the ACLU. By the way, isn't Mary Landrieu running an advertisement that says she was able to regain rights to Louisiana royalties that the U.S. government had? Isn't this about the same type situation? Just my 2cents...
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Permalink Reply by PENNY on
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I WILL BE CONTACTING THE ACLU-GREAT ADVISE! AND YES YOU HAVE MY DRIFT ON THIS....... IT AMAZES ME HOW THESE THINGS CAN HAPPEN! YES, MARY LANDRIEU DID RUN THAT ADVERTISEMENT. HUMMMMMMMMM...SOUND LIKE THE SAME TYPE OF SITUATION TO ME. I WISH SOMEONE WOULD TAKE US ON AS A PET PROJECT! HAHAH
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i would say this is a good start. people need to join together and not just sit and let goverment agencys take what rightfuly belongs to the land owners. they get plenty already (taxes on every freakin thing and every nickel you get or spend) its said that america is a free country so why can the goverment state or fedral just take what ever they want. its like they can robb you blind and its legal for them.
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Permalink Reply by doorsclosing on
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I agree with you. I just dug up some info about section 19, 24, and maybe more. A church is said to own the land but I discovered that the church bought it from the city in 2004. Everyone was wondering who the church leased to but I have and I am still trying to get the word to people that either city or state government is in control over those rights not the church. The church only owns surface rights. I totally think that this has been well thought out by these jerks for many, many years.
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Permalink Reply by Bandit, UMO on
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Penny,
Keep us posted on what you find out and best of luck to you and Eagles Nest...
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DON'T WORRY, I WILL! I AND SO MANY PEOPLE ARE REALLY DISAPPOINTED IN THE STATE OF LOUISIANA! IT IS AMAZING HOW THEY DO FOLKS!
THANKS FOR YOUR COMMENT =0
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Permalink Reply by OilPro on
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Sorry, but the ACLU isn't going to be able to help you. You've got to change the state constitution and make the change retroactive.
First you'll need to find a legislator to introduce a bill to change the constitution.
Then you've got to pass it out of the legislature.
The Governor can't veto it.
The measure then will go on a state-wide ballot and 2/3 of the people of the state of Louisiana will have to vote to change the constitution in order for the change to take place.
Good luck.
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You can't change mineral ownership retroactively. Any change would effect future mineral servitudes. Prescription never runs against the sovereign.
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We own property located in this section-we are writing all of the people you listed and voicing our opposition to what the state is doing. Everyone in this section should email all the listed people especially the legislators, that is the only thing that will help change the law. These mineral rights should revert to landowners after 10 years.
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-----Original Message-----I GOT THIS EMAIL -JUST WANTED TO FORWARD TO YOU. WHAT DO YOU THINK?
From: Bobby Freyou
Sent: Wed, 6 Aug 2008 12:06 pm
Subject: RE: East Half Section 27 Mineral Question
I am not a lawyer, so I do not know what a litigation case number is (unless it is part of the number that I mention in my more detailed e-mail dated July 30, 2008, which I sent to Jill Munds with a "cc" to you, with several attachments - one of which was a copy of the State Supreme Court decision). If you did not get your copy of this detailed July 30 e-mail, please let me know.
The State Land Office has nothing to do with state mineral leasing. That is done by the State Dept of Natural Resources. You may wish to contact them about your state mineral lease questions. But - someone told me that they thought the State had leased this parcel in 1982, 2005, and in 2007.
Let me know if you need anything else.
BOBBY M. FREYOU, PUBLIC LANDS RECORDS MANAGER
STATE LAND OFFICE, DIVISION OF ADMINISTRATION
STATE OF LOUISIANA
225-342-4579
Bobby.Freyou@la.gov
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