Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on August 7, 2013 at 14:06

Mr. Lott, it depends.  And the details are important.  This is an extremely complex topic which is unsuited to answers on a website except in the most general of terms.  Much better to seek the advise of an experienced O&G attorney/firm.  Fortunately there are several capable firms to choose from in NW LA.  The secondary question is the potential for conflicts of interest for those attorneys/firm.  In other words who would stand to be harmed by a decision in your favor.  That might not be limited to an adjoining land/mineral owner but very likely involves an operating company that holds the development rights to the mineral interest in question.  Those firms that may represent that operator or the adjoining land owner would decline to advise you.

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Permalink Reply by 1kw6x71km1v37 on August 7, 2013 at 15:58

Where the Sabine River bed has shifted, the original state line between TX and LA as it was established in a certain year back in the late 1800's remains the present day boundary between the states regardless of where the riverbed is today. I believe the pertinent law of accretion for Mr. Lott is in The Civil Code. It may not mirror exactly federal law used on the Sabine.

As an interesting sidebar in LA, where a public road along a riverbank is washed out, the road may be relocated on adjacent property.

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Permalink Reply by HBP on August 8, 2013 at 3:49

I agree with Skip that it is too complex and fact based to get a good answer in this forum - attorney review is recommended (and by an attorney who understands riparian and accretion issues).  Basically, slow and imperceptible (at any one time, not over time) erosion suggests you lose the lands eroded.  Quick, sudden and avulsive changes would suggest you may possibly have a claim to what was lost (this is rare, you would know if this was the case).  But there are so many more factors - freeze statute effects where there are units in place, government servitudes and perpetual mineral reservations among the many factors.

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Permalink Reply by Bobi Carr ("parker") on August 8, 2013 at 9:03

French Engineering 

(318) 746-2263

Check with Joey French.  He is very knowledgeable and he would be a great first step in gathering information in order to decide whether you need an attorney in this matter

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Permalink Reply by HBP on August 8, 2013 at 9:55

agree with the French Engineering recommendation too.

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Permalink Reply by 1kw6x71km1v37 on August 8, 2013 at 12:13

This:

http://legis.la.gov/lss/lss.asp?doc=106649

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