§46. Procedure for adoption
Adoption of the operations of another is accomplished when the servitude owner files for registry in the conveyance records of the situs of his servitude an instrument describing the land subject to the servitude, identifying the operations, specifying the date on which the operations commenced, and expressing the intent to adopt them as his own.
Acts 1974, No. 50, §46, eff. Jan. 1, 1975.
Notes of Decisions
Producers Oil & Gas Co. v. Nix, 488 So. 2d 1099 (La. Ct. App. 1986).
“Adoption is accomplished when the servitude owner files for registry in the conveyance records of the situs of the servitude an instrument describing the land subject to the servitude, identifying the operations, specifying the date on which operations commenced, and expressing…”
Magee v. Worley, 105 So. 3d 907 (La. Ct. App. 2012).
“R.S. 31:46. These agreements are significant to serve notice of some operations on the surface.”
Stemcor USA Inc v. Cia Siderurgica do Para Cosipar, No. 2:12-cv-02966 (E.D. La. Sept. 28, 2020).
“White & Summers, Uniform Commercial Code § 31:46 (6th ed. 2019). This is because the UCC specifically defines debtor as a “person having an interest, other than a security interest or lien, in the collateral, whether or not the person is an obligor.”
Furie Petroleum Co., L.L.C. & Silver Spur Royalty Co., L.L.C. v. SWEPI, LP, Encana Oil & Gas (USA), Inc., Pride Oil & Gas Props., Inc., Cloyce C. Clark, Jr. & Martha Chamberlain Clark; Consol. with Cloyce C. Clark, Jr., et ux v. Eugene Copeland, No. 53,113-CA 53,114-CA (La. Ct. App. Nov. 20, 2019).
“R.S. 31:46 provides: “an act creating mineral servitudes on noncontiguous tracts of land creates as many mineral servitudes as there are tracts unless the act provides for more.”
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