Replies to This Discussion

Permalink Reply by The_Baron on May 3, 2010 at 8:53

You have done all you can for now. The division orders will not be competed until the title work is done.

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Permalink Reply by Spring Branch,mineral owner on May 3, 2010 at 12:03

Baron, in my case the title work has been done but HK states that I will be operating under an "estimated division order" until a survey is completed to determine accretion acreage. I also recently got a second "estimated division order" which replaced the 1st "estimated division order" and revised my ownership interest downward by 23%. I am also in 15/11 and the section (34) in question borders the river. i had the privilege of paying back the overpayment on my last check!

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Permalink Reply by The_Baron on May 4, 2010 at 8:06

Hope you had somthing left after being netted out.

the subject of accretion is a fun one, as the mineral ownership could be held by the freeze stacute.

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Permalink Reply by Buddy on May 4, 2010 at 8:17

I've seen several Unit Plats along the Red River and then compared them to aerial photographs and it was obvious that the surveyors surveyed from the high bank to the high bank of the River and gave the State of La all that was between. In one, they even had on the unit survey a recent blow out on the River (erosion). The State only owns from mean low to mean low. In one plat, they had credited the State with over 80 acres in Red River which would have put the River's width at over 800 feet. Mean Low was established by the Corp of Engineers prior to pool (in our area) and rarely does it exceed 200 feet in width. Do the math - they gave the State roughly 60 acres it should not have gotten. Now do the math on royalty and see how really big this is. I suspect that some engineering firm's errors and ommissions insurance is going to take a trip to the woodshed. If you are along the Red River - or really any body that the State claims - be darn careful.

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Permalink Reply by The_Baron on May 4, 2010 at 8:54

The state has a long history of claiming whatever it can.

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Permalink Reply by Spring Branch,mineral owner on May 4, 2010 at 9:42

The only reason I had something left after being netted out is because of production from an adjacent section! What is the freeze statute? Never heard of it. I don't want an acre more than what is mine..........but I do want what is mine. Aerial photos don't lie!

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Permalink Reply by r.w. on May 4, 2010 at 11:12

The unit plats we have received from petrohawk don't show the river in a consistent location throughout. One section 7 plat shows the river location as it was in 94' when our property was expropriated by the rrwwc. Another section 7 plat shorts us some acreage. the supplied section 17 plat in particular shows our line at an old high bank which shorts us 40 to 50 acres and property in section 18. the section 18 plat shows the river in the correct location but petrohawk doesn't credit us with property in 18. The additional 50 acres in sec. 17 plus property in sec. 18 jibes with 30 years of tax records and our deed. Its frustrating to have to wait to find out. our only responses come 30 days after a demand lettr. Some of these minerals were not extended which petrohawk is choosing to try and ignore. Our typical hat in hand approach has fallen by the wayside.

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Permalink Reply by The_Baron on May 4, 2010 at 16:34

§1151. Change in ownership of land or water bottoms as result of action of navigable stream, bay, lake, sea, or arm of the sea; mineral leases

In all cases where a change occurs in the ownership of land or water bottoms as a result of the action of a navigable stream, bay, lake, sea, or arm of the sea, in the change of its course, bed, or bottom, or as a result of accretion, dereliction, erosion, subsidence, or other condition resulting from the action of a navigable stream, bay, lake, sea, or arm of the sea, the new owner of such lands or water bottoms, including the state of Louisiana, shall take the same subject to and encumbered with any oil, gas, or mineral lease covering and affecting such lands or water bottoms, and subject to the mineral and royalty rights of the lessors in such lease, their heirs, successors, and assigns; the right of the lessee or owners of such lease and the right of the mineral and royalty owners thereunder shall be in no manner abrogated or affected by such change in ownership.



§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 Natural Resources 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 said plat and on his certificate evidencing the boundaries of such servitude.

(2) The office of mineral resources of the Department of Natural Resources 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 above, then the secretary of the Department of Natural Resources, the office of mineral resources of the Department of Natural Resources, 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 Natural Resources 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.

Acts 1984, No. 839, §1.

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Permalink Reply by The_Baron on May 4, 2010 at 16:35

LSA-R.S. 9:1151

LSA-R.S. 9:1151 provides that when a change occurs in the ownership of land or water bottoms as a result of the action of navigable water, the new owner, including the state of Louisiana and any state agency, takes ownership of the lands or water bottoms subject to and encumbered with any oil, gas and mineral lease covering and affecting such lands or water bottoms, and subject to the mineral and royalty rights of the lessors, the right of the lessee or owners, and the right of the mineral and royalty owners. The statute’s effect is to “freeze” ownership of the mineral rights underlying the state or state agency lands or water bottoms in a party or parties other than the state or the state agency as long as the encumbering oil, gas and mineral lease is in effect. For state mineral leasing purposes, state or state agency lands or water bottoms impacted by LSA-R.S. 9:1151 are viewed as a “Freeze Statute Area.”

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Permalink Reply by The_Baron on May 4, 2010 at 16:36

LSA-R.S. 9:1152

LSA-R.S. 9:1152 provides that when the state of Louisiana previously acquired or acquires lands from an agency or political subdivision of the state due to the action of navigable water occurring after the effective date of the Louisiana State Constitution of 1921 and the lands are not subject to a mineral lease granted by the state of Louisiana on the effective date of the statute [September 3, 1984] and the lands are subject to a mineral lease granted by such agency or political subdivision, or its governmental predecessor, on the effective date of the statute [September 3, 1984], the state of Louisiana grants to the agency or political subdivision, or its governmental successor, from which it acquired or acquires such lands an imprescriptible and inalienable mineral servitude affecting all minerals underlying the lands so acquired and any such servitude shall be treated as having been granted on the date of the change in ownership of such lands. The statute’s effect is to “freeze” ownership of the mineral rights underlying the state lands in the state agency. For state mineral leasing purposes, state lands impacted by LSA-R.S. 9:1152 are viewed as a “Freeze Statute Area.”

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Permalink Reply by Spring Branch,mineral owner on May 5, 2010 at 2:02

Thanks, Baron. The minerals I acquired which include the Section with the accretion acreage were not subject to an Oil and Gas Lease at the time I acquired them. I subsequently leased the acreage to Petrohawk.

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Permalink Reply by The_Baron on May 5, 2010 at 4:33

What about the minerals owned by the state? Were they subject to a lease?

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