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 883.220

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.

(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.

Notes

Defines a mineral right as dormant when, throughout the 20 years immediately before an action to terminate it, there has been no mineral production or specified operations, no separate property-tax assessment or payment on such an assessment, and no recorded instrument creating, reserving, transferring, or otherwise evidencing the mineral right.

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