2011 California Code
Civil Code
DIVISION 2. PROPERTY [654 - 1422]
CHAPTER 2. Obligations of Owners
Section 848

The owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice to the owner or the owner s representative of the real property who is listed as the assessee on the current local assessment roll or lessee, if different from the mineral rights owner, and to any public utility which has a recorded interest in the real property, if there is to be excavation of the utility interest, prior to the first entry upon the real property to prospect for, mine, or extract any mineral. The written notice shall be given by certified mail or acknowledged personal delivery to the owner, the owner s representative, or lessee, and shall inform the owner, the owner s representative, or lessee and the public utility of the extent and location of the prospecting, mining, or extracting operation, and the approximate time or times of entry and exit upon the real property.

If the mineral rights owner has not complied with this notice requirement, the owner of the real property listed on the current assessment roll or any public utility which has a recorded interest in the real property may request a court to enjoin the prospecting, mining, or extracting operation until the mineral rights owner has complied. The absence of a known owner on the assessment roll or any public utility which has a recorded interest in the real property relieves the mineral rights owner of the obligation to give the written notice to the owner or public utility.

For purposes of this section, an acknowledged personal delivery means that the written notice is personally delivered to the owner, the owner s representative, or lessee, and the owner, the owner s representative, or lessee acknowledges, in writing, receipt of the notice.

(Added by Stats. 1988, Ch. 535, Sec. 1.)