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La. Rev. Stat. § 31:87 (2026)

Production as interruption of prescription; commencement of prescription anew

✓ current as of May 2026
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SUBPART B.  INTERRUPTION OF PRESCRIPTION BY USE

§87.  Production as interruption of prescription; commencement of prescription anew

Prescription of nonuse running against a mineral royalty is interrupted by the production of any mineral covered by the act creating the royalty.  Prescription is interrupted on the date on which actual production begins and commences anew from the date of cessation of actual production.  

Acts 1974, No. 50, §87, eff. Jan. 1, 1975.  

Notes of Decisions
Cited in 3 cases, 2003–2018 · leading case: Lamoco Inc. v. Hughes, 850 So. 2d 67 (La. Ct. App. 2003).
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Lamoco Inc. v. Hughes, 850 So. 2d 67 (La. Ct. App. 2003). “R.S. 31:87. Yet, although a mineral royalty will always be subject to the prescriptive period of nonuse, our review of the Mineral Code does not reveal any legal principle that would prohibit the holder of a mineral royalty from extending the term through the act of drilling…”
Cecil Blount Farms, L.L.C. v. MAP00-NET, 104 So. 3d 1 (La. Ct. App. 2012). “R.S. 31:87. Prescription is interrupted on the date on which actual production begins and commences anew from the date of cessation of actual production.”
Gilmer v. Principle Energy, 256 So. 3d 1139 (La. Ct. App. 2018). · cites it 5× “R.S. 31:87 or 88. However, the trial court found that the law provided an alternative method of interrupting prescription.”
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