California Civil Code 883.220 – For the purpose of this article, a mineral right is dormant if all of …
For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to terminate the mineral right:
(a) There is no production of the minerals and no exploration, drilling, mining, development, or other operations that affect the minerals, whether on or below the surface of the real property or on other property, whether or not unitized or pooled with the real property.
Terms Used In California Civil Code 883.220
- mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
- property: includes property real and personal. See California Civil Code 14
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) No separate property tax assessment is made of the mineral right or, if made, no taxes are paid on the assessment.
(c) No instrument creating, reserving, transferring, or otherwise evidencing the mineral right is recorded.
(Added by Stats. 1984, Ch. 240, Sec. 2.)