Petro-Hunt, L.L.C. v. United States

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Louisiana law recognizes the right to extract minerals separately from ownership of the land (mineral servitudes). Servitudes generally revert back to the landowner if not used for 10 years. The servitudes at issue were established in 1932-1934, by deeds contemplating the 10-year prescriptive period. From 1934-1937, the United States acquired 180,000 acres of the encumbered land in Kisatchie National Forest. In 1940, Louisiana’s Act 315 retroactively declared that outstanding mineral rights in land sold to the United States would be imprescriptible while the government remained the landowner. Nebo acquired mineral rights in 1942, believing its rights imprescriptible. The government sought a declaratory judgment. The Fifth Circuit held that Nebo’s rights to a specific tract were imprescriptible. In 1973, the Supreme Court held that Act 315 could not be applied retroactively to land acquired by the government under the Migratory Bird Conservation Act. The Court did not overrule Nebo, distinguishing its facts. The government began issuing mineral leases. Servitude owners sought declaratory relief. The Fifth Circuit held that Act 315 could not provide the federal rule of decision and that the Kisatchie servitudes had prescribed. The Supreme Court denied certiorari. One servitude holder sued in the Claims Court, based on the same facts. The Federal Circuit affirmed dismissal of permanent takings claims, contract claims, and some temporary takings claims under the statute of limitations. The Claims Court subsequently held that remaining temporary takings claims were barred by 28 U.S.C. 1500; because the judicial takings claim would require the Claims Court to question the merits of the Fifth Circuit’s decision it also lacked jurisdiction over those claims. View "Petro-Hunt, L.L.C. v. United States" on Justia Law