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Louisiana First Circuit Applies Subsequent Purchaser Doctrine to Property Transfer Involving Closely Held LLC

The Energy Law

In 2009, several of the Bailey family members formed New 90, LLC to manage this and other family-owned property. After creating New 90, the individual Bailey family owners of the property executed an Act of Transfer on March 20, 2009 that transferred their interests in the property to New 90 in exchange for membership interests in the LLC.

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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

6] On September 1, 2009, Gloria’s Ranch executed a top lease to Chesapeake on the property in Section 21. [7] 7] In November of 2009, Tauren assigned the deep rights (all depths below the base of the Cotton Valley formation) to EXCO USA Asset, Inc. for the 18 month period prior to Gloria’s Ranch’s letter in December of 2009. [19]

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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

An entity classified as an “arm of the state” would be entitled to sovereign immunity provided by the Eleventh Amendment; in contrast, a “political subdivision” is not afforded the same protection. The burden of proof falls on the entity seeking immunity and SRA-L failed to meet its burden.

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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

Tauren Exploration, Inc. , the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana Mineral Code stemming from its mineral lessees/mortgagors’ actions. [1] 4] $242,029.26 for failure to pay royalties under Mineral Code article 140. [5]

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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. Flat River Farms, L.L.C. , 12] In its analysis, the Court first looked to the pertinent language of La.

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