Louisiana Revised Statutes & Codes

La. Rev. Stat. § 31:27 (2026)

Extinction of mineral servitudes

✓ current as of May 2026

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PART 3. MODES OF EXTINCTION OF MINERAL SERVITUDES

§27. Extinction of mineral servitudes

A mineral servitude is extinguished by:

(1) prescription resulting from nonuse for ten years;

(2) confusion;

(3) renunciation of the servitude on the part of him to whom it is due, or the express remission of his right;

(4) expiration of the time for which the servitude was granted, or the happening of the dissolving condition attached to the servitude; or

(5) extinction of the right of him who established the servitude.

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

Notes of Decisions

Cited in 33 cases (3 in the last 5 years), 1976–2025 · leading case: Black River Crawfish Farms, LLC v. King, 246 So. 3d 1 (La. Ct. App. 2018).

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Black River Crawfish Farms, LLC v. King, 246 So. 3d 1 (La. Ct. App. 2018). · cites it 2× “" "Prescription of nonuse of a mineral servitude commences from the date on which it is created" and "is interrupted by good faith operations for the discovery and production of minerals.”

Petro-Hunt, L.L.C. v. United States, 365 F.3d 385 (5th Cir. 2004). “§ 31:21 ("A mineral servitude is the right of enjoyment of land belonging to another for the purpose of exploring for and producing minerals and reducing them to possession and ownership.”); see also Luther L.”

Texaco Inc. v. Louisiana Land & Expl. Co., 136 B.R. 658 (M.D. La. 1992). “LSA-R.S. 31:27. As the Louisiana jurisprudence quoted above establishes, creation of the mineral servitude conveys a species of title (“effectively fragments the title,” Steele v.”

Cohort Ener. v. Caddo-Bossier Parishes Port, 852 So. 2d 1174 (La. Ct. App. 2003). “R.S. 31:27. The ten-year prescriptive period begins to run from the date the mineral rights are acquired or created.”

Dupree v. Oil, Gas & Other Minerals, 731 So. 2d 1067 (La. Ct. App. 1999). “R.S. 31:27. The prescription of nonuse running against a mineral servitude is interrupted by good faith operations for the discovery and production of minerals.”

Producers Oil & Gas Co. v. Nix, 488 So. 2d 1099 (La. Ct. App. 1986). “LSA-R.S. 31:27. Since the last use, according to the defendants, of the servitude was 1972, prescription would have run in 1982.”

Bass Enter. Prod. Co. v. Kiene, 437 So. 2d 940 (La. Ct. App. 1983). “R.S. 31:27 provides in pertinent part: A mineral servitude is extinguished by: (1) prescription resulting from nonuse for ten years; * * * * * * La.”

Wall v. Leger, 402 So. 2d 704 (La. Ct. App. 1981). “"A mineral lease is a contract by which the lessee is granted the right to explore for and produce minerals.”

Allied Chem. Corp. v. Dye, 441 So. 2d 776 (La. Ct. App. 1983). “R.S. 31:27; Arent v. Hunter, 171 La. 1059 , 133 So.”

Energy Dev. Corp. v. St. Martin, 296 F.3d 356 (5th Cir. 2002). “R.S. 31:27. 5 . Prior to the institution of these suits in federal court, Energy Development corporation initiated a suit captioned Energy Development Corporation v.”

Plaquemines Par. Govern. v. Getty Oil Co., 662 So. 2d 773 (La. Ct. App. 1995). “"A mineral lease is a contract by which the lessee is granted the right to *781 explore for and produce minerals.”

St. Mary Operating Co. v. Guidry, 954 So. 2d 397 (La. Ct. App. 2007). “, was the seven year period a fixed term after which the mineral rights would revert to the land owners or was this simply a shortening of the ten year prescriptive period provided for in R.S. 31:27]. There is little dispute among the parties relating to the reasons for the…”

Show all 33 citing cases →

— La. Rev. Stat. § 31:27(1) — 6 cases

Magee v. Worley, 163 So. 3d 23 (La. Ct. App. 2015).

Ryan v. Grandison Trust, 490 So. 2d 317 (La. Ct. App. 1986).

Neumin Prod. Co. v. Tiger Bend, Ltd., 58 So. 3d 1088 (La. Ct. App. 2011).

Square Mile Energy, LLC v. Pommier, 193 So. 3d 1272 (La. Ct. App. 2016).

Petitjean v. Samson Contour Energy E & P, LLC., 51 So. 3d 200 (La. Ct. App. 2010).

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