Louisiana § RS 9:4868 - Statement of privilege; form and content

§ RS 9:4868. Statement of privilege; form and content

A.  A statement of privilege must be in writing, signed by or on behalf of the claimant, and contain all of the following information:

(1)  The name and address of the claimant.

(2)  The amount and nature of the obligation for which the privilege is claimed.

(3)  The name and address of the person owing such amount.

(4)  The name of the operator of the well as shown by the records of the commissioner of conservation.

(5)  A description of the operating interest upon which the privilege is claimed, or of the well with respect to which the operations giving rise to the claimant's privilege were performed.

B.(1)  A well is adequately identified if the statement of privilege gives the name and serial or other identification number of the well and the name of the field where it is located as these are designated by the records of the commissioner of conservation.

(2)  A notice is properly delivered to the operator if it is delivered to the operator who is properly identified in the statement of privilege.

C.  A notice is delivered when:

(1)  It is mailed by certified or registered mail properly addressed with sufficient postage affixed.

(2)  If not mailed by certified or registered mail when either:

(a)  It is received by the person to whom it is sent.

(b)  It is received at the office of the person to whom it is addressed.

D.  A return receipt, indicating delivery to a person or to his place of business, of a U.S. Postal Service registered or certified letter transmitting a notice, is prima facie proof of its mailing. A proof of mailing issued by the U.S. Postal Service is prima facie proof of mailing of the document to which it relates.  The burden of proving that the notice was not received by the person or at the time and place indicated by the return receipt is upon the person denying it.

E.  A statement of privilege is not invalid if it fails to contain all of the information required by Subsection A of this Section, but fairly apprises the recipient or person against whom the privilege is asserted of the privilege claimed and of the operating interest, hydrocarbons, or other property upon which the privilege is claimed.

Acts 1995, No. 962, §1.