Section 772.040 - Evidence required for judgment terminating lessee's right of entry or occupationThe 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:(1) A producing oil or gas well or well bore.(2) A well or well bore being utilized for injection of water, gas, or other substance into geologic substrata as an aid to oil or gas production or to ameliorating subsidence.(3) A well or well bore being utilized for the disposal injection of waste oil well brine and byproducts.(4) A well or well bore being utilized for the production of water for use in oil field injection, waterflood, and pressure maintenance programs.(c) Termination of the right of entry or occupation within the subject land in the manner requested by the plaintiff, or subject to such conditions as the court may impose pursuant to this section, will not significantly interfere with the right of the lessee, under the lease, to continue to conduct operations for the continued production of oil from leasehold strata beneath the surface zone in a practical and economic manner, utilizing such production techniques as will be appropriate to the leasehold area, consistent with good oilfield practice, and to gather, transport, and market the oil.Ca. Civ. Proc. Code § 772.040
Added by Stats. 1980, Ch. 44, Sec. 16.