Code Section Group

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )

TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.7]

  ( Title 10 enacted 1872. )

CHAPTER 8. Actions Against Coowners of Mines [853 - 859]
  ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

853.
  

Upon the failure of a coowner of a mine or mining claim to contribute his proportionate share of the taxes that have been levied and assessed upon the mine or mining claim for the period of five years, a coowner who has paid that share may, at the expiration of the five years, serve upon the delinquent coowner notice thereof.

(Added by renumbering Section 850 (as added by Stats. 1953, Ch. 52) by Stats. 2016, Ch. 86, Sec. 29. (SB 1171) Effective January 1, 2017.)

854.
  

The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is by publication, the publication shall be in a newspaper of general circulation published in the county in which the mine or mining claim is situated or if there is no such newspaper, in such a newspaper in an adjoining county, and the publication shall be at least once a week for 90 days.

(Added by renumbering Section 851 (as amended by Stats. 1969, Ch. 1611) by Stats. 2016, Ch. 86, Sec. 32. (SB 1171) Effective January 1, 2017.)

855.
  

If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner contributing such share may file in the superior court of the county in which the mine or mining claim is situated a verified petition setting forth the facts and particularly describing the mine or mining claim.

(Added by renumbering Section 852 (as added by Stats. 1953, Ch. 52) by Stats. 2016, Ch. 86, Sec. 34. (SB 1171) Effective January 1, 2017.)

856.
  

If the mine or mining claim is situated in more than one county, the petition may be filed in the superior court of either county.

(Added by renumbering Section 853 by Stats. 2016, Ch. 86, Sec. 35. (SB 1171) Effective January 1, 2017.)

857.
  

The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted at the county courthouse at least 10 days before the hearing. The court may order such further notice as it deems proper.

(Added by renumbering Section 854 by Stats. 2016, Ch. 86, Sec. 36. (SB 1171) Effective January 1, 2017.)

858.
  

The court shall hear evidence for or against the petition and may order judgment on the petition vesting the interest of the delinquent in the mine or mining claim in the petitioner.

(Added by renumbering Section 855 by Stats. 2016, Ch. 86, Sec. 37. (SB 1171) Effective January 1, 2017.)

859.
  

A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated.

(Added by renumbering Section 856 by Stats. 2016, Ch. 86, Sec. 38. (SB 1171) Effective January 1, 2017.)

CCPCode of Civil Procedure - CCP