CHAPTER 8. Actions Against Coowners of Mines [853. - 859.]

Cal. Code of Civil Procedure - CCP 8.

in effect

Cal. Code of Civil Procedure - CCP § 853. Section 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.

Cal. Code of Civil Procedure - CCP § 854. Section 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.

Cal. Code of Civil Procedure - CCP § 855. Section 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.

Cal. Code of Civil Procedure - CCP § 856. Section 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.

Cal. Code of Civil Procedure - CCP § 857. Section 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.

Cal. Code of Civil Procedure - CCP § 858. Section 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.

Cal. Code of Civil Procedure - CCP § 859. Section 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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026