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Permalink Reply by Two Dogs, Pirate on November 26, 2010 at 6:24

Any lands severed from the State of Louisiana since 1-1-1921 minerals would be reserved to the state. The interactive map on Sonris will show some of the lands that the state owns the minerals. I don't think that the state knows of all the minerals that they own.

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Permalink Reply by P.G. on November 26, 2010 at 15:05

If someone buys a property at the sheriffs sale for non payment of taxes and it's not redeemed by the owner and the tax auction winner gets the property, does the mineral rights go with it?

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Permalink Reply by olddog573 on November 27, 2010 at 3:25

P.G., that's the history behind the property I am referring to. In the case of that property, the state retained the rights.

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Permalink Reply by Two Dogs, Pirate on November 27, 2010 at 4:42

Yes. The problem comes up mainly during the Great Depression of the late 1920's and 1930's where no one had any money to bid on the property and it was adjudicated to the State of Louisiana and not redeemed during the prescriptive time frame. The state would then re-patent the property to someone else thus reserving the minerals forever. It is my understanding that the mineral reservation would be automatic whether stated in the deed or not.

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Permalink Reply by P.G. on November 27, 2010 at 5:07

So property would have had to have first been adjudicated to the state and not merely sold at sheriffs tax sale where a bidder paid the taxes? What about the city or parish?
Aren't taxes on property paid to the parish or parish/city rather than the state?
And if no one bids at the tax sale nor is the property redeemed by owner, wouldn't the property be adjudicated to the parish or city rather than the state? How does that work for parish or city property that gets sold to individuals?

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Permalink Reply by Two Dogs, Pirate on November 27, 2010 at 6:21

PG I don't know the exact answer about city and parish. It counts for school boards and levee districts.

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Permalink Reply by FXEF on November 27, 2010 at 6:58

PG,

This is from the Caddo parish website FAQ.

If I acquire adjudicated property, will I obtain the mineral rights?
No, The Parish of Caddo will reserve any and all of the oil, gas, and other mineral rights under the subject property.

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Permalink Reply by P.G. on November 30, 2010 at 6:20

Will they get to reserve them forever like the state?
Or will the 10 year prescription apply?

The key word here sounds like "adjudicated". Property sold at tax auction doesn't sound like it's been adjudicated.

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Permalink Reply by The_Baron on November 30, 2010 at 10:31

Prescription will not run against the parish, as the parish is a subdivision of the state.

Although....
I was under the impresion that property sold at tax auction, and I am expressly excluding adjucated property as that is property that failed to sell at tax auction and reverts to government ownership, would indeed transfer the minerals to the buyer. I may be wrong about this. I do know that when a property sold at tax auction is properly redeemed, that the minerls are retained by the redeeming owner.

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Permalink Reply by The_Baron on November 30, 2010 at 5:09

As far as lands adjudcated to the the state. The LA constitution of 1921 stipulates that all minerals will be reserved. This caried over to the new constitution of 1974 as well. It does not matter what the deed or patent says, if its after 1921 the minerals are automatically reserved by the state.

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Permalink Reply by Wilmer Sparks on December 1, 2010 at 5:07

In regards to property purchased by an individual at a tax sale that is not redeemed within the 3 year period, the minerals will transfer to the purchaser of the tax sale property. This is basically a "pass through" sale by the tax collector (being the parish sheriff) and all minerals are passed alng to the purchaser who then acquires ownership after the redemptive period expires.

In regards to delinquent property that fails to be purchased at a tax sale (normally not too common of an occurrence nowadays), the property in no longer adjudicated to the state and is now instead adjudicated to the parish in which the property is located. Until which time the adjudicated property is conveyed out by the parish, it can still be redeemed in the name of the party who lost the property at the subject tax sale without the loss of the minerals. However, should the parish sell the adjudicated property, then an inprescriptable servitude is created in this conveyance and the parish would then own these minerals in perpetuity.

It should be noted that the state still owns numerous tracts that were adjudicated to it over the years but which have never been conveyed out. This property can still be redeemed by the party that lost it (or by anyone representing the party that lost it) without the loss of minerals. However, should this property be purchased from the state, then an inprescriptable servitude is created in this conveyance and the state would own these minerals in perpetuity.

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Permalink Reply by The_Baron on December 1, 2010 at 6:03

is there still a three year time limit for the original owner to redeem the property?

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