Legal Opinion
Central Pines Land Co. v. United States
Court of Appeals for the Fifth Circuit
Decided November 28, 2001No. 00-31024PublishedCited by 49 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
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. 1 The servitude gives its holder the right to enter the property and extract the minerals. 2 Louisiana law has consistently recognized that a mineral servitude may expire, or prescribe, after 10 years of non-use. 3 While parties cannot contract to extend the prescriptive period, they may shorten the term of the…
2Cases cited38 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
33 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Petro-Hunt, L.L.C. v. United StatesCourt of Appeals for the Fifth Circuit · 2004
- Terrebonne Parish School Board v. Mobil Oil Corp.Court of Appeals for the Fifth Circuit · 2002
- Central Pines Land Co. v. United StatesCourt of Appeals for the Federal Circuit · 2012
- Buehler v. DearCourt of Appeals for the Fifth Circuit · 2022
- United States v. Dantana TanksleyCourt of Appeals for the Fifth Circuit · 2017
44 more not listed; retrieve them via the Exa API.