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Louisiana Second Circuit Addresses: (1) Creation of Mineral Servitudes Via Notarial Acts of Correction; (2) Obstacles Suspending the Prescription of Nonuse from Running Against Mineral Servitudes; and (3) Payment of Court Costs in Concursus Actions

The Energy Law

Nonetheless, it does serve as a reminder that when a party recognizes an omission or mistake in an instrument affecting mineral rights, a party should not immediately opt for an easy fix via a notarial act of correction. 20] The CUA permit was obtained on January 20, 2004. 20] The CUA permit was obtained on January 20, 2004.

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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

38:2325(B) which states that it holds property “as an instrumentality of the State of Louisiana[;]” the Fifth Circuit pointed out that the statute also states “[t]itle to all property acquired by the Authority shall be taken in its corporate name.” La. 38:232(B)(2) clearly delineates SRA-L’s authority to sue and be sued in its own name.

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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

arose from a 2004 mineral lease covering nearly 1,400 acres in Sections 9, 10, 15, 16, and 21, Township 15 North, Range 15 West, in Caddo Parish. [2] Gloria’s Ranch ultimately filed suit against Tauren, Cubic, EXCO, and Wells Fargo for their failure to provide a recordable instrument evidencing the expiration of the lease. 31:124, cmt.;

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Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code

The Energy Law

3] The Lease was executed in September 2004 and covered 1,390.25 19] Although the Second Circuit found solidary liability in this instance, it is important to note that the Court stated that the case at issue was “highly fact-intensive and should not be construed as governing other cases that may follow unless the same facts exist.” [20]

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