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RS 31
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TITLE 31.MINERAL CODE
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RS 31:1
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TITLE 31MINERAL CODE
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RS 31:2
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Relation to Civil Code
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RS 31:3
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Freedom of contract and limitations thereon
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RS 31:4
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THE LANDOWNER'S
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RS 31:5
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Ownership of solid minerals
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RS 31:6
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Right to search for fugitive minerals; elements of ownership of land
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RS 31:7
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REDUCTION OF MINERALS TO POSSESSION
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RS 31:8
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RIGHTS OF LANDOWNERS TO EXPLORE FOR AND
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RS 31:9
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Correlative rights of owners of common reservoir or deposit
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RS 31:10
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Liability to others with interests in common reservoir or deposit
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RS 31:11
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Correlative rights of landowner and owner of a mineral right and between owners of mineral rights
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RS 31:12
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PROTECTION OF THE LANDOWNER'S RIGHTS
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RS 31:13
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Damages for removal of solid minerals
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RS 31:14
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Drainage of fugitive minerals; exclusion of liability; exceptions
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RS 31:15
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CREATION OF MINERAL RIGHTS
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RS 31:16
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Basic mineral rights; status as real rights
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RS 31:17
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Rescission for lesion beyond moiety unavailable
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RS 31:18
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THE NATURE OF MINERAL RIGHTS AND
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RS 31:19
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Capacity to create mineral rights
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RS 31:20
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Authority to create mineral rights
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RS 31:21
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THE MINERAL SERVITUDE
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RS 31:22
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Certain rights and obligations of mineral servitude owner
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RS 31:23
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Right of servitude owner to operate; protection thereof
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RS 31:24
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WHO MAY CREATE MINERAL SERVITUDES
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RS 31:25
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Right of conditional landowner to create mineral servitude
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RS 31:26
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Usufructuary may not create mineral servitude
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RS 31:27
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MODES OF EXTINCTION OF MINERAL SERVITUDES
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RS 31:28
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COMMENCEMENT OF PRESCRIPTION
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RS 31:29
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How prescription of nonuse is interrupted
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RS 31:30
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Date on which prescription interrupted and commenced anew
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RS 31:31
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Operations beyond prescriptive date; effect as interruption
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RS 31:32
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Interruption by additional operations
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RS 31:33
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Unit operations; effect as interruption of prescription
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RS 31:34
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Shut-in well; testing as interruption of prescription
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RS 31:35
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Unitization with tested shut-in well as interruption of prescription
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RS 31:36
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Production as interruption of prescription
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RS 31:37
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Unit production as interruption of prescription
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RS 31:38
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Good faith production for beneficial purpose required
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RS 31:39
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Attempt to restore or secure new production as interruption of prescription
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RS 31:40
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Interruption applicable to all minerals and modes of use
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RS 31:41
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Commencement of prescription anew following attempt to restore or secure new production
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RS 31:42
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By whom a mineral servitude may be used
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RS 31:43
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When a person is acting on behalf of servitude owner
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RS 31:44
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Adoption of operations by another
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RS 31:45
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Time within which adoption must be made
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RS 31:46
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Procedure for adoption
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RS 31:47
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Compulsory unit operations; adoption unnecessary
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RS 31:48
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Obligation of servitude owner to pay costs
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RS 31:49
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Unsuccessful operations; waiver of damages when adopted
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RS 31:50
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Adoption a matter of right
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RS 31:51
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Adoption when servitude under lease
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RS 31:52
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Right to claim production in absence of adoption
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RS 31:53
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Adoption possible only as specifically provided
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RS 31:54
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Interruption of prescription by acknowledgment; formal requirements
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RS 31:55
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Express intent required
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RS 31:56
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Contractual extension of servitude; requirements
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RS 31:57
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Extended servitude subject to rules of prescription
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RS 31:58
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Prescription not affected by minority or other disability
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RS 31:59
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Suspension of prescription by obstacle
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RS 31:60
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Suspension effective as to all minerals
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RS 31:61
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Compulsory unitization order not an obstacle; establishment of mining plan is an obstacle
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RS 31:62
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INDIVISIBILITY OF THE MINERAL SERVITUDE
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RS 31:63
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Presumption arising from separate description of tracts forming continuous body of land
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RS 31:64
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Presumption when servitudes created on noncontiguous tracts
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RS 31:65
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Division of servient estate not division of servitude
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RS 31:66
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Right of owners of contiguous tracts to create single servitude
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RS 31:67
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Right of co-owners to create single servitude in partition of land
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RS 31:68
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Effect of limitation of servitude rights to specified horizons or levels
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RS 31:69
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Effect of partial conveyances of servitude rights
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RS 31:70
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Effect of contracts for use or development of portion of servitude
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RS 31:71
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Partial unitization not a division
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RS 31:72
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CONVENTIONAL ALTERATION OF THE
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RS 31:73
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Single servitude may not exist on noncontiguous tracts
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RS 31:74
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Right to fix term or shorten prescriptive period; effect of stipulation for prescriptive period greater than ten years
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RS 31:75
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Right to contract regarding rules of use
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RS 31:76
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TRANSACTIONS INVOLVING OUTSTANDING
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RS 31:77
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Application of after-acquired title doctrine
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RS 31:78
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Prescription when after-acquired title doctrine applies; acquisition of outstanding servitude
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RS 31:79
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Prescription when after-acquired title doctrine applies; extinction of outstanding servitude
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RS 31:80
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THE MINERAL ROYALTY
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RS 31:81
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Executive and operating rights not included
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RS 31:82
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WHO MAY CREATE A MINERAL ROYALTY
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RS 31:83
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Creation of mineral royalty by conditional owner
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RS 31:84
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Creation of mineral royalty by usufructuary
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RS 31:85
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MODES OF EXTINCTION OF THE MINERAL ROYALTY
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RS 31:86
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COMMENCEMENT OF PRESCRIPTION
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RS 31:87
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Production as interruption of prescription; commencement of prescription anew
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RS 31:88
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Saved production sufficient to interrupt prescription
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RS 31:89
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Unit production as an interruption of prescription
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RS 31:90
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Tested shut-in well as interruption of prescription
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RS 31:91
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Unitization with tested shut-in well; effect as interruption of prescription
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RS 31:92
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Interruption applicable to all minerals
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RS 31:93
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Application of rules concerning acknowledgment and extension of prescription
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RS 31:94
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Acknowledgment by servitude owner of previously created mineral royalty
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RS 31:95
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Limited effect of acknowledgment of previously created royalty
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RS 31:96
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Previously created royalty; dependency on mineral servitude when acknowledged
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RS 31:97
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Prescription not affected by minority or other disability
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RS 31:98
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Suspension of prescription by obstacle
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RS 31:99
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Obstacle to production from servitude suspends prescription as to dependent royalty
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RS 31:100
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Suspension effective as to all minerals
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RS 31:101
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INDIVISIBILITY OF THE MINERAL ROYALTY
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RS 31:102
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Rule regarding effect of partial conveyance; applicability to mineral royalty
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RS 31:103
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CONVENTIONAL ALTERATION OF THE
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RS 31:104
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TRANSACTIONS INVOLVING OUTSTANDING
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RS 31:105
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EXECUTIVE RIGHTS
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RS 31:106
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Executive right a mineral right
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RS 31:107
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Interruption of prescription accruing against executive right
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RS 31:108
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Nature of executive and nonexecutive interests
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RS 31:109
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Obligation of owner of executive interest
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RS 31:110
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Lease in violation of obligation valid; right of nonexecutive to damages
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RS 31:111
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Effect of certain transactions involving executive right
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RS 31:112
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Right of nonexecutive to operate
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RS 31:113
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Executive right as appendage of another mineral right
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RS 31:114
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THE MINERAL LEASE
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RS 31:115
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Requirement of term; limitation of continuation without drilling or mining operations or production
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RS 31:116
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WHO MAY GRANT MINERAL LEASES
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RS 31:117
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Granting of mineral lease by owner under conditional title
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RS 31:118
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Right of usufructuaries to lease
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RS 31:119
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THE OBLIGATIONS OF THE LESSOR
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RS 31:120
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Lessor's warranty and limitation of liability for breach thereof
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RS 31:121
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Right of lessee to lease from adverse claimants
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RS 31:122
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THE OBLIGATIONS OF THE LESSEE
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RS 31:123
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Rent and the obligation to make timely payment thereof
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RS 31:124
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Production in paying quantities required; definition
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RS 31:125
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Amount of royalties relevant to reasonableness of lessee's expectation
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RS 31:126
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TRANSACTIONS INVOLVING THE LESSEE'S INTEREST
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RS 31:127
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Lessee's right to assign or sublease
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RS 31:128
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Responsibility of assignee or sublessee to original lessor
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RS 31:129
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Assignor or sublessor not relieved of obligations or liabilities unless discharged
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RS 31:130
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Lease not divided by partial assignment or sublease
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RS 31:131
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Lessor must accept performance by assignee or sublessee
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RS 31:132
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Demands by lessor; effect on assignee or sublessee
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RS 31:133
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TERMINATION AND REMEDIES FOR VIOLATION
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RS 31:134
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Right to relief for violation
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RS 31:135
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Rules of default applicable except as specified
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RS 31:136
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Written notice; requirement and effect on claims for damages or dissolution of lease
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RS 31:137
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Nonpayment of royalties; notice prerequisite to judicial demand
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RS 31:138
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Required response of lessee to notice
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RS 31:138.1
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Division order; precedence of lease; penalties for failure to pay royalties due
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RS 31:139
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Effect of payment in response to notice
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RS 31:140
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Effect of nonpayment in response to notice or failure to state cause therefor
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RS 31:141
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Dissolution not a favored remedy
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RS 31:142
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Dissolution may be partial or entire
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RS 31:143
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Summary eviction not applicable
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RS 31:144
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LEASES INVOLVING OUTSTANDING MINERAL RIGHTS
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RS 31:145
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After-acquired title doctrine; applicability in absence of special clause
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RS 31:146
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THE LESSOR'S PRIVILEGE
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RS 31:147
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Right to seize property on premises or within fifteen days of removal
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RS 31:148
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Manner of enforcement
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RS 31:149
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Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescription period in acquisitions for economic development
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RS 31:149.1
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Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
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RS 31:149.2
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Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
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RS 31:149.3
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Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
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RS 31:150
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Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
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RS 31:151
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Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
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RS 31:152
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Repealed by Acts 2004, No. 919, §2, eff. August 1, 2004.
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RS 31:153
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POSSESSION AND ACQUISITIVE PRESCRIPTION
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RS 31:154
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POSSESSION OF LAND AS INCLUDING
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RS 31:155
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Possession without title as including mineral rights
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RS 31:156
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INTERRUPTION OF POSSESSION OF MINERAL RIGHTS
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RS 31:157
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Interruption of possession by acknowledgment
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RS 31:158
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Interruption of possession by judicial demand
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RS 31:159
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THE EFFECT OF ACQUISITIVE PRESCRIPTION
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RS 31:160
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Perfection of title by prescription as including mineral rights
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RS 31:161
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Interruption of acquisitive prescription
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RS 31:162
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Suspension of acquisitive prescription
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RS 31:163
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Acquisitive prescription; unavailability to mineral servitude owner
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RS 31:164
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Creation of mineral servitude by co-owner of land
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RS 31:165
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Creation of mineral royalty by co-owner of land
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RS 31:166
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Granting of mineral lease by co-owner of land
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RS 31:167
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Mineral right owner may not compel partition of land
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RS 31:168
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CO-OWNERSHIP OF MINERAL RIGHTS
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RS 31:169
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Those who are not co-owners of mineral rights
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RS 31:170
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Right of co-owner of mineral servitude to create mineral royalties
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RS 31:171
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Right of co-owner of mineral lease to create dependent rights
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RS 31:172
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Mineral servitudes and royalties subject to partition
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RS 31:173
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Mineral lessee's interest subject to partition; susceptibility of dependent rights to partition
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RS 31:174
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Use by one co-owner inures to benefit of all
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RS 31:175
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Co-owner of mineral servitude may not operate independently
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RS 31:176
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Co-owner of mineral servitude may act to prevent waste or destruction or extinction of servitude
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RS 31:177
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Co-owner of mineral lease may not operate independently except to prevent waste, destruction, or termination
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RS 31:178
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PARTITION OF LAND AND ITS EFFECT ON
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RS 31:179
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Mineral right owner as party to partition of land
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RS 31:180
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Appraisal of land to be partitioned required
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RS 31:181
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Service of appraisal required
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RS 31:182
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Opposition to appraisal permitted
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RS 31:183
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Distribution of proceeds of partition sale
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RS 31:184
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Effect of failure to appraise mineral right or interest therein
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RS 31:185
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Owner of appraised mineral right entitled to participate in proceeds of sale
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RS 31:186
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Owner of right derived from all co-owners of land unaffected by licitation
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RS 31:187
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Mineral right created by party acquiring land not affected by sale
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RS 31:188
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RIGHTS OF USUFRUCTUARIES IN MINERALS
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RS 31:189
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Conventional usufruct may include enjoyment of mineral rights
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RS 31:190
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Usufructuary of land entitled to enjoyment of mines or quarries worked; exception
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RS 31:191
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When oil and gas wells and lignite operations considered open mines
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RS 31:192
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When usufructuary of land entitled to grant lease
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RS 31:193
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Nature of usufruct of a mineral right
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RS 31:194
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Usufructuary not obligated to account to naked owner
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RS 31:195
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Right of naked owner of land to enjoyment of minerals
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RS 31:196
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Obligations of naked owner arising from enjoyment of rights in minerals
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RS 31:197
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SECURED RIGHTS IN MINERAL RIGHTS
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RS 31:198
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Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
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RS 31:198.1
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Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
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RS 31:199
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Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
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RS 31:200
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Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
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RS 31:201
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Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
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RS 31:202
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Repealed by Acts 1990, No. 1079, 8, eff. Sept. 1, 1990.
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RS 31:203
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MORTGAGE OF MINERAL RIGHTS
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RS 31:204
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Mortgage may include pledge; effect of pledge
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RS 31:205
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GENERAL PROVISIONS
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RS 31:206
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MISCELLANEOUS PROVISIONS
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RS 31:207
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Effect of failure to furnish act evidencing extinction or expiration of right; mineral lease
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RS 31:208
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Effect of good faith dispute as to extinction or expiration of right
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RS 31:209
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Applicability to demand for dissolution of mineral lease
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RS 31:210
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PROTECTION OF PURCHASERS OF PRODUCTION;
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RS 31:210.1
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Interest on purchase payment of production
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RS 31:210.2
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Declaration of interest; when third party purchasers of oil may withhold payment
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RS 31:211
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Availability of mandamus for nonpayment of sums due for production
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RS 31:212
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Right to attorney's fee incurred in securing writ
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RS 31:212.1
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Sales relative to minerals after they are severed are subject to the laws of registry
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RS 31:212.21
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Nonpayment of production payment or royalties; notice prerequisite to judicial demand
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RS 31:212.22
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Required response of obligor to notice
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RS 31:212.23
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Effects of payment or nonpayment with or without stating reasonable cause therefor; division order
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RS 31:212.31
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Payment information to interest owners
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RS 31:212.32
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Accumulation of proceeds from production
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RS 31:213
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DEFINITIONS
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RS 31:214
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APPLICATION OF CODE
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RS 31:215
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OPERATING AGREEMENTS
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RS 31:216
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Filing
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RS 31:217
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Declaration in lieu of agreement
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