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Annual Institute on Mineral Law

Abstract

I begin by acknowledging that there are numerous articles on overriding royalties which I have drawn on for purposes of this paper. Here, I will attempt to define the term "overriding royalty," compare the treatment of an overriding royalty interest with that of the lessor's royalty, including enforcement of such interest, consider extension and renewal clauses and their importance in avoiding a so called "washout", and comment on recent judicial decisions concerning overriding royalty interests in Louisiana and in other jurisdictions. Throughout this examination of an overriding royalty, the potential application of the articles of the Louisiana Mineral Code (La R.S. 31:1 et seq.) will be examined and considered.

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