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Explanation of Louisiana mineral law and the doctrine of liberative prescription: policy considerations for common law jurisdictions

Journal Article · · J. Energy Law Policy; (United States)
OSTI ID:5873538
Louisiana is a leading producer of oil and gas despite its small size in comparison with Texas, Alaska, and California. The author describes the basic features of Louisiana's unique property system and the forms of mineral ownership under that system, including divided ownership and pooled interests. She examines the state's pro-development doctrine of liberative prescription and its effect on mineral rights, and discusses the policy choices which permeate the state's approach. Louisiana mineral law is based upon notions inherent in the Civil Law that dismembered interests in land cannot be conveyed in perpetuity nor transferred or reserved as future interests, which allows mineral rights to be terminated if they are unused. Louisiana incorporates a computerized approach to dispute resolution, thanks to a rich legislative and jurisprudential background.
Research Organization:
Louisiana State Univ., Baton Rouge
OSTI ID:
5873538
Journal Information:
J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 6:1; ISSN JELPE
Country of Publication:
United States
Language:
English