Heirs of Viator v. Tri-Parish Investors, Ltd.

WOODARD, Judge.

This appeal arises out of a suit for declaratory judgment in which plaintiffs seek a declaration that they are the owners of mineral servitudes encumbering land now owned by defendants. The issue on appeal is whether the mineral rights, which were reserved when the land was expropriated by the federal government, were subject to prescription of nonuse when the land subsequently returned to private ownership.

*37FACTS

The facts of this case are not in dispute. Plaintiffs or their ancestors-in-title owned land in Iberia Parish which the federal government acquired in an expropriation…