CHAPTER 10. CO-OWNERSHIP
PART 1. CREATION OF MINERAL RIGHTS BY
CO-OWNERS OF LAND
§164. Creation of mineral servitude by co-owner of land
A co-owner of land may create a mineral servitude out of his undivided interest in the
land, and prescription commences from the date of its creation. One who acquires a mineral
servitude from a co-owner of land shall not exercise his right without the consent of co-owners owning at least an undivided seventy-five percent interest in the land, provided that
the servitude owner has made every effort to contact the co-owners and, if contacted, has
offered to contract with them on substantially the same basis that the servitude owner has
contracted with another co-owner. A co-owner of the land who does not consent to the
exercise of the rights has no liability for the costs of development and operations, except out
of his share of production.
Acts 1974, No. 50, §164, eff. Jan. 1, 1975; Acts 1986, No. 1047, §1; Acts 1988, No.
647, §1; Acts 2019, No. 350, §1; Acts 2023, No. 88, §1.