Landman magazine, in its November/December issue, has published "Separation Anxiety ─ When surface and mineral rights diverge in Louisiana and Texas," written by Liskow shareholders April L. Rolen-Ogden and Jamie Rhymes. The article explores what owners and operators need to know about the enigmatic Louisiana mineral servitude for operations and ownership in Louisiana verses Texas, including how technological advancements are driving laws in both states to apply in new ways to the separate ownership of surface and mineral rights.
The authors discuss the similarities and differences between the Louisiana mineral servitude from the Texas severance model and explain the unique risks and opportunities that the Louisiana model presents for operators and owners particularly in how the law has been applied in recent Louisiana appellate court decisions. The authors note that "Unlike Texas law, separate ownership of the surface and mineral rights in Louisiana is not permanent. Indeed, a mineral servitude owner is not even required to exercise the mineral servitude he owns."
The article concludes by noting that "the split between surface and mineral rights has long shaped oil and gas operations in Louisiana and Texas, but the practical realities of servitudes, prescription, accommodation and emerging issues, like pore space and produced water ownership, show that this is an area of law that continues to evolve." With that in mind, the authors highlight the need to stay vigilant as to how these doctrines are applied.
To read the entire article, please click here.