Replies to This Discussion

Permalink Reply by Two Dogs, Pirate on November 3, 2021 at 5:30

Most of the time the seller keeps the mineral rights.

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Permalink Reply by Iris on November 3, 2021 at 5:34

Thanks, I may need to call prospective lessor back and mention to him.  He may not be aware that family rights include some acreage across highway.  Fellow with Trinity said mineral rights are only maintained by original owner for ten years. Drat!

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Permalink Reply by full name on November 3, 2021 at 6:09

It's complicated.  See RS 31:149 -- Mineral rights reserved from acquisitions of land by governments or agencies thereof imperceptible for details.  Basically Two Dogs is correct.

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Permalink Reply by Iris on November 3, 2021 at 6:30

Thanks to both of you. Iwill pursue it further.  Trinity ESG had just offered to send each of family owners a lease.  Been communicating a little bit with Skp Peel about ...but may just wait till I actually see what they are offering before I contact Trinity further.  Peyton seemed surprised that I mentioned the eight acres, so he may check it further too.

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Permalink Reply by Dion Warr, CPL on November 3, 2021 at 7:46

Iris:

Fellow with Trinity may or may not not know what he is talking about.  In more recent times, generally a tract acquired by the state, an agency of the state or a political subdivision thereof acquiring land (by sale or by expropriation) for a public purpose is only entitled to the rights which it "needs" to carry on said public purpose.  The state rarely needs your mineral rights to perform such purpose.  After 1958, this is pretty well settled in that minerals not ordinarily acquired by the state and/or reserved by the owner in such a sale or transfer are considered imprescriptible.  Act 149 of the Mineral Code reinforced these principles and protections, albeit modified a bit over the years.  The only care or cause for concern as to ownership or ability to mine or produce may be "hard rock minerals" which can be considered immovable and the techniques for extracting such minerals would have deleterious effect on the property conveyed to the state (e.g., DOTD acquires rights for a highway expansion over a lignite mine or over subsurface sand or gravel deposits which would be mined by excavation of the surface).

Between 1938 and 1958 the question gets a bit murkier.  Act 315 of 1940 created quite the conundrum as far as ascertaining who owns what minerals in certain areas, particularly those who sold or had lands taken by the federal government, but even some acquired state lands fall into this category as well.

Rather than go on about this, I have posted the following link (HERE) for review.  Of particular consideration is when the purchase or taking took place, and consequently what laws were in place at that time. 

Necessary disclaimer: Although I have personal knowledge and experience in dealing with properties involving such matters, I am not a lawyer (IANAL).

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Permalink Reply by Skip Peel - Mineral Consultant on November 3, 2021 at 8:05

Before it was US Highway, it was an existing road of some sort if memory serves.  That would have been pre-1938 if I'm not mistaken.  It has been a while since I have dealt with old road dedications in that part of north Caddo Parish.  It is my guess that the donation/dedication document would be the answer to the question.  If there were a specific reservation of minerals in that document, the minerals should not have gone to the state.

Iris, who sold or donated the road right-of-way?  What was the name of that family member?

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Permalink Reply by Iris on November 3, 2021 at 9:13

Skip, I messaged you thinking I was answering here.  My memory is a tat older than yours.    By the time I remember anything about the road, 1944-45 it was paved although Im certain it was a dirt, gravel or blacktop road before.  At one time it was called the New Mooringsport Road.  Family wasn't moved to home till 1941 and it was myfirst home.  To other GHS interested it was a forced sale of some sort by the highway dept.  

Any and all opinions re: are appreciated.

Iris Baird

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Permalink Reply by Iris on November 3, 2021 at 9:00

Thank you Dion, All info, opinions are appreciated.  See reply to Skip below

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Permalink Reply by Skip Peel - Mineral Consultant on November 3, 2021 at 9:13

Iris, tell the landman to pull a copy of the 1939 Right Of Way Deed from H. F. Baird to the state for LA Hwy. 8.  That sale included a reservation of minerals.  It is recorded on Book 418, Page 629 of the public records of Caddo Parish.

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Permalink Reply by Iris on November 11, 2021 at 11:25

Apparently Trinity/USG will include mineral rights of the eight acres across the highway.    John Peyton was a little fuzzy when I asked him about royalties and I think better in mornning.  Ha!  I wanted to thank you Skip for the public record information I'm sure that helped.

Also Dion Warr and Two Dogs.  I know we are not anywhere near agreeing on anything, but maybe one small hurdle?

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Permalink Reply by Skip Peel - Mineral Consultant on November 11, 2021 at 11:28

You're welcome, Iris.  It is always a good idea to pay attention to your mineral ownership and not just take a leasing company or an operator's word for it.  They make a lot of mistakes.  Mistakes that rarely disadvantage them.  Minerals are a long term investment and require due diligence and occasionally professional assistance on the front end.

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