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Permalink Reply by Kat Bloomfield on April 6, 2010 at 2:32

and what a fun can o' worms.

Permalink Reply by Buddy on April 7, 2010 at 2:02

Spring: Yes it does work to the advantage of the State. For example, recently saw a plat along the Red wherein the State was credited with almost 80 acres in the Red River. That would have put mean low to mean low at almost 800 feet wide in the River. Rarely does it go beyond 200 feet - don't forget that the navigation project on the River which raised the pools has nothing to do with mean low water. This plat was probably overstated by over 50 acres which should have gone to the adjacent landowners and not the State. Do the math - big money. I suspect some Engineering firms errors and omissions insurance is going to kick in at some point. I think the last mean low water studies along the Red were done in the early 1990's by the Corp of Engineers.

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Permalink Reply by The_Baron on April 7, 2010 at 3:57

My experiance is that if the State claims it, it will probally go to the state.

Permalink Reply by The_Baron on April 6, 2010 at 3:31

An interesting aside to all off this discussion is the effect on accretion to mineral rights.

see RS 9:1151

§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.


this is known as the freeze statute.

In essence the freeze statute is opperative as long as lease is in effect and minerals will not change intill expiration of the lease. The concept was to protect a lessee who is investing considerable sums to develop minerals only to find the land being eroded or subsiding.

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