VINTON HARBOR TERMINAL DISTRICT v. REUNION ENERGY COMPANY ET AL (2026)

I concur in the denial of rehearing for the reasons given by Cole, J. I note again however that Eagle Pipe has been wrongfully applied due to a misapprehension of civil law. Faulty jurisprudence, no matter how often repeated, cannot displace legislation. The Legislature has decreed that mineral rights are real rights (“mineral rights are real rights” ․), La. R.S. 31:16. For both lessor and lessee. The rules of personal obligations applicable to commercial lease, as found in Eagle Pipe, no matter how steeped in Civilian Tradition they may be, are inapplicable to mineral rights.

Hughes, J., concurs with reasons.