Within one hundred eighty days:
§ 349.05.Removal of Oil, Gas Or Other Liquid
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 2020 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 349.05 gives a 180-day deadline for actions over underground trespass by an oil or gas well and for actions to recover oil, gas, or other liquid taken by such a well, generally accruing 10 days after the well is first placed on production.
Full Text of § 349.05
(a) An action to enjoin, abate, or for damages on account of, an underground trespass, use or occupancy, by means of a well drilled for oil or gas or both from a surface location on land other than real property in which the aggrieved party has some right, title or interest or in respect to which the aggrieved party has some right, title or interest.
(b) An action for conversion or for the taking or removing of oil, gas or other liquid, or fluids by means of any such well. When any of said acts is by means of a new well the actual drilling of which is commenced after this section becomes effective, and such act was knowingly committed with actual intent to commit such act, the cause of action in such case shall not be deemed to have accrued until the discovery, by the aggrieved party, of the act or acts complained of; but in all other cases, and as to wells heretofore or hereafter drilled, the cause of action shall be deemed to have accrued ten days after the time when the well which is the subject of the cause of action was first placed on production. Notwithstanding the continuing character of any such act, there shall be but one cause of action for any such act, and the cause of action shall accrue as aforesaid. In all cases where oil or gas has been heretofore or is hereafter extracted from any existing or subsequently drilled well in this state, by a person without right but asserting a claim of right in good faith or acting under an honest mistake of law or fact, the measure of damages, if there be any right of recovery under existing law, shall be the value of the oil or gas at the time of extraction, without interest, after deducting all costs of development, operation and production, which costs shall include taxes and interest on all expenditures from the date thereof. This section applies to causes of action existing when this section becomes effective. The time for commencement of existing causes of action which would be barred by this section within the first one hundred eighty days after this section becomes effective, shall be the said first one hundred eighty days. Whenever the term "oil" is used in this section it shall be taken to include "petroleum," and the term "gas" shall mean natural gas coming from the earth. The limitations prescribed by this section do not apply to rights of action or actions to be brought in the name of or for the benefit of the people of this State, or of any county, city and county, city or other political subdivision of this State.
Plain-English Summary
Section 349.05, renumbered from former § 349¾ in 2021, covers claims tied to underground oil and gas drilling operations. It gives 180 days to bring an action to enjoin, abate, or recover damages for an underground trespass, use, or occupancy caused by a well drilled for oil or gas from a surface location on someone else’s land, and the same 180 days for an action over the conversion, taking, or removal of oil, gas, or other liquid by such a well.
For most wells, the cause of action is deemed to accrue 10 days after the well is first placed on production, regardless of the continuing nature of the underlying conduct — there is only one cause of action for the act, accruing on that schedule. A narrower discovery rule applies only to a new well whose actual drilling began after this section took effect and where the act was committed with actual, knowing intent: there, the claim doesn’t accrue until the aggrieved party discovers the acts complained of.
The section doesn’t apply to actions brought in the name of, or for the benefit of, the people of California or a county, city and county, city, or other political subdivision.
Frequently Asked Questions
What is the deadline to sue over an oil or gas well trespassing underground in California?
180 days under § 349.05, generally accruing 10 days after the well is first placed on production.
Does a discovery rule ever apply to oil and gas trespass claims under § 349.05?
Yes, but only for a new well drilled after the section took effect where the trespass was committed with knowing intent — there, the claim doesn’t accrue until the aggrieved party discovers the acts.
Amendment History
Renumbered from Ca. Civ. Proc. Code §349 3/4 by Stats 2020 ch 370 (SB 1371),s 34, eff. 1/1/2021.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: oil gas well trespass statute of limitations California