In all cases other than those specified in Article 3667, one possessing land as owner need only allege and prove his quiet, uninterrupted possession for more than a year prior to assertion of a possessory action against one claiming a mineral right in the land.
Art. 3668.When Proof of Nonuse Not Required In Possessory Action Against Claimant of Mineral Right
Book VII. Special Proceedings · Title II. Real Actions · Chapter 1. Actions to Determine Ownership Or Possession · Enacted 1974 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3668 sets the default, lighter standard for a possessory action against someone claiming a mineral right when the land possessor's own title does not disclose that right, requiring only proof of quiet, uninterrupted possession for more than a year before the action was brought.
Full Text of Art. 3668
Amendment History
Added by Acts 1974, No. 547, §2, eff. 1/1/1975.
Plain-English Summary
Article 3668 is the default rule that applies whenever Article 3667's narrower situation does not: the land possessor's title does not disclose the mineral right being claimed against him. In that more common situation, the possessor faces a lighter burden.
All the land possessor needs to allege and prove is quiet, uninterrupted possession as owner for more than a year before bringing the possessory action against the person claiming the mineral right. No proof of the mineral right's nonuse is required, unlike the heightened standard Article 3667 imposes when the title itself discloses the right.
Frequently Asked Questions
What do I need to prove to bring a possessory action against someone claiming a mineral right in my land?
Under Article 3668, if your own title does not disclose the mineral right, you need only prove quiet, uninterrupted possession as owner for more than a year before filing suit — no proof of nonuse is required.
How is this different from Article 3667's requirements?
Article 3667 applies, and adds a nonuse-proof requirement, only when the land possessor's own title discloses the mineral right on its face. Article 3668 covers every other case, with a lighter, possession-only standard.
Why does the disclosure on the title matter so much?
Because a title that discloses the mineral right puts the possessor on notice of a competing claim, which justifies requiring more proof, including the right's nonuse, before the possessor can prevail against the mineral-right owner.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: Article 3668 Louisianapossessory action mineral right no disclosurelighter standard mineral rights possession Louisianaquiet possession mineral claim Louisianatitle silent on mineral right