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Central Pines Land Co. v. United States

Louisiana Act 315, as a matter of federal common law, cannot be applied retroactively to prevent prescription of mineral servitudes when the United States obtained the surface estate before 1940.

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Appeals from the United States District Court for the Western District of Louisiana

The law of mineral rights in Louisiana differs from that of common law states. In Louisiana, these rights do not exist as a separate, perpetual estate in land, but can only be held separate from the surface land in the form of a mineral servitude.*fn1 The servitude gives its holder the right to enter the property and extract the minerals.*fn2 Louisiana law has consistently recognized that a mineral servitude may expire, or prescribe, after 10 years of non-use.*fn3 While parties cannot contract to extend the prescriptive period, they may shorten the term of the servitude.*fn4

Louisiana Act 315 of 1940 created a special rule for prescription of mineral servitudes when the surface property is owned by the United States:

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