California Code of Civil Procedure

§ 772.040

CCP § 772.040Title 10 · Part 2 · Ch. 4.5 · Art. 3

Statute text

The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court deems fair and equitable, if the evidence shows each of the following:

(a)The document that created the leasehold interest was originally executed more than 20 years prior to filing the action under this article regardless of any amendments to the document. However, if any amendment was entered into expressly for the purpose of waiving, limiting, or rearranging surface rights of entry and occupation by the lessee, the 20-year period shall be computed as if the document were originally executed on the date of execution of the amendment.

(b)The subject land is not presently occupied by any of the following:

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Legislative history

Added by Stats. 1980, Ch. 44, Sec. 16.