COASTAL STATES GAS PRODUCING CO. v. STATE MINERAL BD.

No. 2022.

199 So.2d 554 (1967)

COASTAL STATES GAS PRODUCING COMPANY, Plaintiff-Appellee, v. STATE MINERAL BOARD et al., Defendants-Appellants, and Pan American Petroleum Corporation et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 1, 1967.


Attorney(s) appearing for the Case

Jack P. F. Gremillion, James E. Phillips, Jr., by John L. Madden, Baton Rouge, Camp, Carmouche, Palmer, Carwile & Barsh, by Harry E. Barsh, Jr., Lake Charles, for defendants-appellants.

J. B. Holloman, Jr., Lake Charles, for plaintiff-appellee.

R. Cornelius Smith, New Orleans, Jerry D. Kirk, Vance Plauche, Lake Charles, Ellis W. Thompson, Sulphur, Marcantel & Cassidy, by Chas. Cassidy, Jennings, Scofield, Cox & Bergstedt, by James J. Cox, Lake Charles, Ruby Willie Miller, in pro. per., for defendants-appellees.

Before TATE, FRUGE and HOOD, JJ.


TATE, Judge.

In this concursus proceeding, the issue is whether prescription prevents the State from attacking an 1885 transfer by it as invalid insofar as it includes the bed of a navigable stream. We hold that the prescriptive statute does not protect the transfer in question and that therefore the State owns the mineral royalties attributable to production from the river bottom.

The plaintiff Coastal, holder of producing mineral leases, deposited into the...

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