California Codes, Civil Code - CIV, Division 2 — Property, Part 2 — Real or Immovable Property, Title 5 — Marketable Record Title, Chapter 3 — Mineral Rights, Article 2 — Termination of Dormant Mineral Right, Section 883.250

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.

Notes

Requires a court in a mineral-right termination action to allow the mineral-right owner to record a late preservation notice as a condition of dismissal upon paying into court the landowner’s attributable litigation expenses. Those expenses include recoverable costs and reasonably necessary preparation expenses, including a reasonable attorney’s fee.

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