PART 3. PARTITION OF LAND AND ITS EFFECT ON
MINERAL RIGHTS
§178. When land burdened by mineral right may be judicially partitioned in kind
If land burdened by a mineral right or rights created by fewer than all of the co-owners of the land is judicially partitioned, a partition in kind may not be ordered unless it can be accomplished in such fashion that the allocation of tracts to the co-owners assures that both surface and mineral values of each tract are in the same proportion to the total value of the surface and the mineral rights respectively as each co-owner's interest bears to the whole of the surface and mineral rights respectively and that partition in kind will not significantly impair the ability of any owner subject to the partition to develop the minerals on his own tract.
Acts 1974, No. 50, §178, eff. Jan. 1, 1975. Amended by Acts 1982, No. 780, §1.
Notes of Decisions
Cited in
6
cases, 1975–1998 · leading case:
Steele v. Denning, 456 So. 2d 992 (La. 1984).
Steele v. Denning, 456 So. 2d 992 (La. 1984).
· cites it 3× “R.S. 31:178. The Mineral Code makes no reference to when or by whom a judicial partition may be sought.”
Patrick v. Johnstone, 361 So. 2d 894 (La. Ct. App. 1978).
· cites it 3× “LSA-R.S. 31:178. If a partition in kind may not be ordered, then the district court should order a partition by licitation in accordance with the provisions of LSA-R.”
Thibaut v. Thibaut, 407 So. 2d 466 (La. Ct. App. 1981).
· cites it 4× “The issues are the applicability of LSA-R.S. 31:178 2 and the sufficiency of evidence required for partition by licitation.”
Steele v. Denning, 445 So. 2d 94 (La. Ct. App. 1984).
“R.S. 31:178 [1] it was appropriate to include that mineral interest in the partition, whether the latter was in kind or by licitation.”
Miller v. Currier, 713 So. 2d 497 (La. Ct. App. 1998).
“R.S. 31:178 directly addresses the conditions under which land burdened by a mineral right may be judicially partitioned in kind: ‘.”
Patrick v. Johnstone, 312 So. 2d 662 (La. Ct. App. 1975).
“LSA-R.S. 31:178. If a partition in kind may not be ordered, then the district court should order a partition by licitation in accordance with the provisions of LSA-R.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.