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Art. 3671.Real Actions Involving Mineral Rights Subject to Other Provisions Governing Real Actions Generally

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 3671 subjects real actions involving mineral rights to the general rules governing other real actions under Articles 3651 through 3653, except to the extent those general rules conflict with the specific mineral-rights provisions of Articles 3664 through 3670.

Full Text of Art. 3671

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Real actions involving mineral rights are subject to all of the rules established for other real actions by Articles 3651 through 3653 except to the extent that those articles are inconsistent with the express or implied terms of Articles 3664 through 3670.

Amendment History

Added by Acts 1974, No. 547, §2, eff. 1/1/1975.

Plain-English Summary

Article 3671 closes out the mineral-rights extension with a general rule of interpretation: real actions involving mineral rights follow the same rules as any other real action, unless one of the specific mineral-rights provisions says otherwise.

Specifically, Articles 3651 through 3653 — the core petitory-action rules covering the action's definition, its parties and venue, and its proof requirements — apply to mineral-rights disputes just as they apply to disputes over land. But where the express or implied terms of Articles 3664 through 3670 depart from those general rules, the mineral-specific provisions control, since they were written to account for the particular way mineral rights are exercised and lost.

This closing article keeps the mineral-rights articles from having to restate every general real-action rule from scratch; it borrows them by reference and carves out only the exceptions the mineral context requires.

Frequently Asked Questions

Do the general petitory action rules apply to mineral-rights disputes?

Yes. Article 3671 subjects real actions involving mineral rights to Articles 3651 through 3653, the general petitory-action rules, except where the specific mineral-rights provisions in Articles 3664 through 3670 say otherwise.

Which rules control if there's a conflict between the general real-action articles and the mineral-specific ones?

The mineral-specific provisions, Articles 3664 through 3670, control to the extent they are inconsistent, whether expressly or by implication, with the general rules in Articles 3651 through 3653.

Why doesn't the mineral-rights chapter restate every general real-action rule?

Because Article 3671 incorporates those general rules by reference, so the mineral-rights articles only need to spell out the exceptions particular to how mineral rights are possessed and used.

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 3671 Louisianamineral rights subject to general real action rulespetitory action mineral rights LouisianaArticles 3664 through 3670 Louisianareal actions involving mineral rights