Replies to This Discussion

Permalink Reply by Bobi Carr ("parker") on May 13, 2009 at 3:54

alleyboy,

There isn't always a "general" answer for this "specific" question.

You need to run the title of your "specific" property to find out the answer. It depends on whether it was an easement or a dedication to the Parish, etc.

I could sell property and give you an easement to cross that property but you would not have ownership of the property (only the right of ingress ane egress).

I've also seen it set up where several lots were sold and the road was sold to all of the lot owners. In which case they each own an undivided interest in the road.

Looks like you'll have to investigate for yourself. Since you've read the previous posts, you have the tools to figure it out.

GOOD LUCK.

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Permalink Reply by The_Baron on May 13, 2009 at 5:08

The question of the street or stream are two totally different questions.

For a stream, the minerals belong to the owner of the tract the stream is located on, unless it is a navigable water body. In that case, the State owns the minerals under the stream.

As to a road right of way, Parker is correct, you need to reveiw your title, many times you will see where the land for the road was expropriated, or otherwise bought by the government and the minerals may still belong to the original owner. In the case of subdivisions, where you may have bought a lot, your deed will usually state that you bought X lot as per such and such Plat. That will define your boundries of your lot, and will not normally be any part of the ROW. Look at the plat to see who receives the dedication to the ROW.

You state the Parish will not claim the minerals uinder a ROw, but this is simply not the case, many of the leases sold last summer fo big $$ in Caddo and Desoto where for the ROWs. Typically, the problem is that the local governments don't have a clue as to what minerals they own and don't.

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Permalink Reply by king john on May 14, 2009 at 4:10

baron
thats a good explanation. easy to understand. seems like i remember reading on here that LA. state law has a provision that if minerals are reserved by seller and there is no o&g activity for a period of ten years then the mineral intrest will transfer to the current surface owner and if so it would seem the state and parishs could really benefit by selling ROW under roads and streets.
this has me wondering who in texas owns ROW under roads and streets?
kj

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Permalink Reply by The_Baron on May 14, 2009 at 4:31

If land is exapropriated for a ROW, the mineral reservation is for perpertuity, the minerals will not prescribe.

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Permalink Reply by The_Baron on May 14, 2009 at 4:35

As far as in TX, I don't have a clue.

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Permalink Reply by alleyboy on May 14, 2009 at 4:41

i said the parish says the city is responsible for the surface and the ccity says it is the parish

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Permalink Reply by The_Baron on May 14, 2009 at 7:14

Are you speaking of road maintenance or minerals?

The easiest way is to go down to the tax assessor and see if the road is in the city limits or not. The assessor may be able to tell you what instrument or plat was filed giving the ROW to the public.

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Permalink Reply by Buddy on May 14, 2009 at 4:42

You might also note that the State of Louisiana will try to claim "historic" stream beds where there is no current stream. For example, friend and partner of mine has land off of Ellerbe Road where there is also production. Historic State maps showed a bayou across the property - is currently a cotton field with no stream adn there has not been a stream there for years - State of Louisiana claimed a portion of the unit as navigable stream. He has "lawyered up" to fight it.

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Permalink Reply by The_Baron on May 14, 2009 at 7:12

Take a look at the original survey plat. It will probally show what streams where there in the 1800's.

In my experiance, the state will make claim to minerals whenever given the oportunity.

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