California Civil Code 883.250 – In an action to terminate a mineral right pursuant to this article, …
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In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a late notice of intent to preserve the mineral right as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the mineral right or portion thereof as to which the notice is recorded. As used in this section, the term “litigation expenses” means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorney’s fee.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
Terms Used In California Civil Code 883.250
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.