Article On Mineral Succession Law In Louisiana

Alexander Baynham (Lousianna State University Law Center, J.D. Candidate 2015) recently published an article entitled, The intersection of Louisiana succession law and Mineral Code article 190: Quantum Resources v. Pirate Lake Oil.,  75 La. L. Rev. 829-863 (2015).  Provided below is an excerpt from the article:

Oil is black gold where there is oil, there is money to be made. Louisiana holds close to 10% of the nation’s oil reserves, and its reserves of other minerals, such as natural gas, are even more significant. Not surprisingly, the ownership of mineral rights is frequently litigated in Louisiana, often involving family members at war, fighting for the right to claim lucrative mineral rights. To avoid family turmoil, a mineral rights owner may choose to prepare a last will and testament to ensure that, upon his death, the rights are given to the intended beneficiary. Although deference to a testator’s intent is a fundamental principle of Louisiana succession law, recent jurisprudence interpreting the inception and classification of the surviving spouse usufruct and how it applies to Louisiana Mineral Code article 190 has produced uncertainty as to whether Louisiana courts will actually uphold a testator’s final wish.