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      RS 30:32     

  

§32.  Failure of owner, etc., to comply with notice; closing by department of public works; expenses

A.  When an owner, or person in possession of an uncontrollable, or wastefully burning well receives the notice provided in R.S. 30:31, he shall within five days thereafter commence in good faith to close the well so as to prevent the waste of natural gas.  If he fails to do so, the governor, on the written complaint of any person having an interest, shall order the State Department of Public Works to take charge of the work and close the well.

B.  To secure to the state the expense incurred by the department of public works, the well and sufficient ground adjacent thereto belonging to the owner or proprietor with all rents and revenues therefrom shall be retained by the state.  When the owner pays in full this expense to the state less any rents or revenues received by the state from its possession of the well, the property shall be returned to him.

C.  In the event the rents and revenues are insufficient to reimburse the state for the expense of closing the well, this expense shall operate as a privilege on all property of the owner of the well.  The state shall proceed to enforce this privilege by suit as in other civil actions and judgment shall be executed in the manner provided by law.  If the property seized and sold brings an excess over the expense of closing the well, this excess shall be paid to the owner.



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