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La. Rev. Stat. § 31:80 (2026)

CHAPTER 5. THE MINERAL ROYALTY

✓ current as of May 2026
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CHAPTER 5. THE MINERAL ROYALTY

PART 1. THE NATURE OF THE MINERAL ROYALTY

§80. Nature of mineral royalty

A mineral royalty is the right to participate in production of minerals from land owned by another or land subject to a mineral servitude owned by another. Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs.

Acts 1974, No. 50, §80, eff. Jan. 1, 1975.

Notes of Decisions
Cited in 17 cases, 1982–2017 · leading case: Total E & P USA, Inc. v. Kerr-McGee Oil & Gas Corp., 719 F.3d 424 (5th Cir. 2013).
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Total E & P USA, Inc. v. Kerr-McGee Oil & Gas Corp., 719 F.3d 424 (5th Cir. 2013). “The former is the right to participate in the production of mineral from land or a servitude belonging to another, La. Rev. Stat. § 31:80, while the latter is carved out of the lessee’s working interest in the lease.”
Alford v. Chevron U.S.A. Inc., 13 F. Supp. 3d 581 (E.D. La. 2014). · cites it 2× “Nor is it a mineral royalty (“the right to participate in production of minerals from land owned by another or land subject to a mineral servitude owned by another,” La. Rev Stat. § 31:80), or a mineral lease (“a contract by which the lessee is granted the right to explore for…”
Quality Env't Processes, Inc. v. IP Petroleum Co., 219 So. 3d 349 (La. Ct. App. 2017). “R.S. 31:80. A mineral royalty is a real right and is also classified as an incorporable immovable whose transfer or conveyance requires all formalities prescribed for the transfer of any other immovable, including that transfer or ownership thereof must be evidenced by a written…”
Succession of Goode, 425 So. 2d 673 (La. 1982). · cites it 2× “See R.S. 31:80, codifying prior jurisprudence.”
Waterfowl Ltd. Liab. Co. v. United States, 473 F.3d 135 (5th Cir. 2006). “” La. Rev. Stat. § 31:80. When a royalty right is “created by one whose title terminates at a particular time or upon the occurrence of a certain condition,” such as an owner of a servitude, the royalty extinguishes when the underlying title extinguishes.”
Lamoco Inc. v. Hughes, 850 So. 2d 67 (La. Ct. App. 2003). “R.S. 31:80. La.R.S. 31:85 provides the following means to extinguish a mineral royalty: (1) prescription resulting from nonuse for ten years; (2) confusion with the title out of which it was created; (3) renunciation of the royalty right on the part of him to whom it is due, or…”
Culpepper v. EOG Resources, Inc., 92 So. 3d 1141 (La. Ct. App. 2012). “Here, there was no provision in the Lease governing the payment of post-production processing expenses, i.”
Matter of Succession of Lindsey, 477 So. 2d 148 (La. Ct. App. 1985). “LSA-R.S. 31:80, 213. Neither is this agreement rendered null by the presence of a purely potestative condition, defined as the exclusive right to control events by one of the contracting parties.”
In Re Senior G & a Operating Co., Inc., 118 B.R. 444 (Bankr. W.D. La. 1990). “R.S. 31:80. There is, however, in this case some question whether the production payment carved out of Senior’s portion of the working interest in the well really constitutes a royalty in the strict sense since the production payment did not comprise a part of a negotiated…”
Glassell Producing Co. v. Naquin, 224 So. 3d 56 (La. Ct. App. 2017). · cites it 2× “R.S. 31:80, which is a real right subject to ten years prescription from the date of last production.”
Shanks v. Exxon Corp., 674 So. 2d 473 (La. Ct. App. 1996). “LSA-R.S. 31:80. Moreover, the leases granted by plaintiffs specifically provide that oil royalties are to be “delivered to Lessor free of expense.”
Malone v. Celeron Oil & Gas Co. (In re Currie), 57 B.R. 224 (M.D. La. 1986). “R.S. 31:80. A mineral right is an incorporeal immovable; “[a]ll sales, contracts, and judgments affecting mineral rights are subject to the laws of registry: La.”
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