Page 46

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued June 9, 2026

Page 46 of I-1630 Replacing September 23, 2024

Revised/added text indicated by underscore

Deleted text indicated by “**” Real Property Rights

Count as a resource the value of real property rights. These rights are separate resources for which values can be determined.

** When an individual owns the land associated with property rights, the value of those rights is presumed to be included in the fair market value (FMV) of the land and should not be separately counted. When an individual owns mineral rights independent of the land and the rights are not producing income, the agency may accept the individual’s self-attestation of value. When mineral rights generate income, the FMV must be verified. A current tax assessment may be used to verify the FMV of the mineral rights, if available.

Note: Pursuant to Title 31 of the Louisiana Civil Code, mineral rights revert to the landowner after ten (10) years of nonproduction. Real property rights include:

• Surface rights, including timber rights and easements,

• Water rights,

• Mineral rights to oil, natural gas, gravel, sand, coal, and salt,

• Usufruct, and

• Remainder interest.

Note: The terms usufruct and naked ownership are used in Louisiana law. Other states use a variety of different terms (e.g., life estate, remainder interest). For purposes of this policy, the terms "usufruct" and "remainder interest" are used.