Louisiana § RS 31:138.1 - Division order; precedence of lease; penalties for failure to pay royalties due
Full text of Louisiana Louisiana Civil Code § RS 31:138.1 — Division order; precedence of lease; penalties for failure to pay royalties due, with citation guidance and answers to common questions.
§ RS 31:138.1. Division order; precedence of lease; penalties for failure to pay royalties due
A. For the purposes of this Article, a "division order" is an instrument setting forth the proportional ownership in minerals or other substances, or the value thereof, that is prepared after examination of title and that is executed by the owners of the production or other persons having authority to act on behalf of the owners thereof.
B. A division order shall not alter or amend the terms of the mineral lease. A division order that varies the terms of the mineral lease is invalid to the extent of the variance, and the terms of the mineral lease take precedence.
C. The execution of a division order is not a condition precedent to receiving payment from a lessee. The lessee shall not withhold royalty payments because his lessor has not executed a division order.
D. If the lessee fails to pay royalties solely because his lessor has not executed a division order as defined in this Article, the court shall award as damages double the amount of royalties due, legal interest on that sum from the date due, and reasonable attorney's fees. However, if the lessor fails to supply the name, address, and tax identification number upon written request of the lessee, the lessee's failure to pay royalties shall be deemed reasonable. Acts 1992, No. 1110, §1; Acts 2023, No. 88, §1.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 31:138.1
What does Louisiana Civil Code § RS 31:138.1 cover?
Section RS 31:138.1 ("Division order; precedence of lease; penalties for failure to pay royalties due") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 31:138.1?
A common citation format is "Louisiana Civil Code § RS 31:138.1" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 31:138.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.