Unique Aspects of Louisiana Oil and Gas Law

Louisiana Attorneys for Oil and Gas Compensation Law

All other U.S. states have laws based on English common law, a system of law based on court precedent by which laws and statutes are interpreted, and the ruling of one judge may influence or even control the ruling of another judge.  Louisiana follows the civilian law approach, where it is the judge's job to interpret legislative intent more than to follow judicial precedent.

Oil and gas laws in Louisiana

There are few laws in Louisiana governing the interactions between mineral interest owners and production companies.  The specific language in leases, contracts, and Division Orders outline your rights and responsibilities under oil and gas law in Louisiana.

Louisiana mineral rights

Basic mineral rights under Louisiana oil law include the mineral servitude, the mineral royalty and the mineral lease.  These rights are real rights and are subject either to the prescription of non-use for ten years or to special rules of law governing the term of their existence.

Under the Louisiana Mineral Code, ownership of land does not include ownership of oil.  Louisiana oil and gas law holds that the owner of oil and gas rights does not own the oil or gas until it has been captured.  Until capture, the owner only has a right to explore, develop, and produce oil and gas, but does not own the minerals.

Conveyability

Mineral rights are real rights under Louisiana law and may be owned, conveyed, reserved or inherited separately from other elements.

Mineral lease

A mineral lease is defined as being a contract by which the lessee is granted the right to explore for and produce minerals.  A mineral lease is considered to be a real right and an incorporeal immovable which is alienable and inheritable.

Unlike Texas, Louisiana law provides that the former owner of a mineral right which has terminated or expired shall, within 30 days after written demand, execute a recordable act of release.

Louisiana law of capture

The law of capture determines ownership of captured natural resources including oil and gas.  The general rule is that the first person to capture such a resource owns that resource.

Louisiana has adopted the non-ownership approach.  A land owner does not own the substances that underlie his land, but merely retains the exclusive right to capture the substances, a non-corporeal interest.

We can answer your questions

Contact Sloan, Bagley, Hatcher & Perry Law Firm with all your questions about oil and gas laws in Louisiana.  Our attorneys can give you important information about protecting your rights, and if necessary, represent you in Louisiana oil and gas litigation.  Call us at 1-888-339-6132 or contact us online.