Louisiana § RS 9:2152 - Proceeds of mineral interests
Full text of Louisiana Louisiana Civil Code § RS 9:2152 — Proceeds of mineral interests, with citation guidance and answers to common questions.
§ RS 9:2152. Proceeds of mineral interests
A. To the extent that a trustee accounts for receipts from an interest in mineral rights or other interest in oil, gas, or other minerals pursuant to this Section, the trustee shall allocate them as follows:
(1) If received as delay rental or annual rent on a mineral lease, a receipt shall be allocated to income.
(2) If received from a production payment, a receipt shall be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal.
(3) If received as a royalty, overriding royalty, shut-in payment, take-or-pay payment, or bonus, a receipt shall be allocated in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of those entitled to principal.
(4) If an amount is received from a working interest or any other interest not provided for in this Subsection, a receipt shall be allocated in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of those entitled to principal.
B. This Section applies whether or not a decedent or donor was extracting oil, gas, or other minerals before the interest became subject to the trust.
C. If the trust property includes an interest in mineral rights or other interest in oil, gas, or other minerals on January 1, 2021, the trustee may allocate receipts from the interest as provided in this Section or in the manner used by the trustee before January 1, 2021. If the trustee acquires an interest in mineral rights or other interest in oil, gas, or other minerals after January 1, 2021, the trustee shall allocate receipts from the interest as provided in this Section.
D. An allocation of a receipt under this Section is presumed to be reasonable and equitable if ninety percent is allocated to principal and ten percent to income. Any other allocation shall not be presumed to be unreasonable or inequitable.
E. This Section is not applicable to timber, water, soil, sod, dirt, turf, mosses, shells, gravel, or other natural resources.
Amended by Acts 2020, No. 17, §1, eff. Jan. 1, 2021.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 9:2152
What does Louisiana Civil Code § RS 9:2152 cover?
Section RS 9:2152 ("Proceeds of mineral interests") 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 9:2152?
A common citation format is "Louisiana Civil Code § RS 9:2152" (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 9:2152 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.