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Can a landowner in Louisiana whose land is burdened by a mineral servitude sell the land and reserve the reversionary mineral rights or sell the reversionary rights to another?  Although almost no jurisprudence addresses these issues, the Louisiana Third Circuit did so recently.  On November 2, 2016, in Sterling Timber Associates, L.L.C. v. Union Gas

Under the Louisiana Mineral Code and caselaw, a mineral lease is generally not divisible by assignment.  Nonetheless, courts have long held that a lease contract can be rendered divisible if it contains certain language.  The consequences of the interpretation of this language are of critical importance for oil and gas lessees and their successors and

In any market, but especially in times like these when, particularly in the oil and gas industry, good jobs, and at times good employees, are hard to come by, and information and processes ranging from sensitive business practices to information technology are at risk of being unfairly and/or illegally misappropriated, employers and employees alike should

La. R.S. 30:10 otherwise known as Louisiana’s “Risk-Fee Statute” continues to present questions and concerns to oil and gas well operators and non-operators. Recently, an operator contacted one of our attorneys to clarify the risk charges imposed on unit wells and substitute unit wells versus those of alternate unit wells and to clarify differences between

Much has been written and said recently about a hot new trend in the oil and gas industry known as Fracklogging.  “Fracklog” is the catchy new expression for the backlog of US shale wells that have been drilled but not yet completed or fracked.  More commonly referred to as “drilled but uncompleted” or “waiting on

The Louisiana Second Circuit Court of Appeal has recently issued two important decisions addressing whether certain mineral reservation language created a fixed term or instead simply restated the customary ten-year prescriptive period for these mineral rights.  Both cases emphasize why special, carefully drafted language is needed to create a mineral reservation with a fixed, non-extendable

Senate Bill 469, Act No. 544 of the Louisiana legislature was enacted as LA. R.S. 49:214.36(O) on June 6, 2014 during the 2014 regular legislative session as: 

AN ACT to enact R.S. 49:214.36(O), relative to the coastal zone management program; to provide relative to the initiation or continuation of enforcement actions under the coastal zone

In Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 112 So.3d 187 (La. 2013), the Louisiana Supreme Court ruled that an AAPL model form Joint Operating Agreement (JOA) did not cover new leases acquired after the JOA was executed, where the JOA did not also include a separate area of mutual interest (AMI)