We have land purchased in 1952 at a sheriff's sale where the state retained mineral rights. There's been no production until 2009. Usually the mineral rights go to the land owner after 10 years with no production. We found out they still have the mineral rights and have already leased the land according to Chesapeak. Do we have any recourse in the situation?
How do we go about finding this out? I'm are doing this on my own without a lawyer. Maybe I should get one? I would like to take care of this myself if possible. Let me know what you think. Thanks for all your comments.
From the Louisiana Constitution - the answer is YES:
4. Reservation of Mineral Rights; Prescription
Section 4.(A) Reservation of Mineral Rights. The mineral rights on property sold by the state shall be reserved, except when the owner or person having the right to redeem buys or redeems property sold or adjudicated to the state for taxes. The mineral rights on land, contiguous to and abutting navigable waterbottoms reclaimed by the state through the implementation and construction of coastal restoration projects shall be reserved, except when the state and the landowner having the right to reclaim or recover the land have agreed to the disposition of mineral rights, in accordance with the conditions and procedures provided by law.
(B) Prescription. Lands and mineral interests of the state, of a school board, or of a levee district shall not be lost by prescription except as authorized in Paragraph C.
(C) Exception. The legislature by act may direct the appropriate parish authority in Terrebonne Parish to transfer title and ownership as to certain lands near Bayou Dularge in Section 16 of Township 20 South, Range 16 East, which due to an error in the original governmental survey completed around 1838 until recently were thought to be within Section 9, to those persons who have possessed the property under good faith and just title for a minimum of ten years or to those who have acquired from them, reserving the mineral rights as just and sole compensation for the transfer. Consistent with the provisions of Article XIII, Section 3, the notice requirements of Article III, Section 13 are satisfied for an act passed as a companion to the act setting forth this Paragraph.
You need to be a member of GoHaynesvilleShale.com to add comments!
Join GoHaynesvilleShale.com