(a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry or occupation provided by the lease encumbers all or part of the surface or surface zone of the leasehold lands, any person who owns a fee interest in the surface of the leasehold lands may bring an action in the superior court to terminate the right of entry or occupation as to all or some described portion of the surface and surface zone of the leasehold lands in which the person owns an interest.
§ 772.030.Action to Terminate Mining Or Oil and Gas Lessee's Right of Entry Or Occupation
Title 10. Actions In Particular Cases · Chapter 4.5. Special Actions and Proceedings to Clear Title · Article 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 772.030 lets a fee owner of the surface of leasehold lands bring an action to terminate a mining or oil and gas lessee's right of entry or occupation over all or part of the surface and surface zone, without disturbing valid unit or operating agreements under specified Public Resources Code sections.
Full Text of § 772.030
(b) No judgment rendered pursuant to this article shall change or affect the terms or operation of any valid unit agreement or valid operating agreement which comes within the provisions of Section 3301 or 3321 of the Public Resources Code.
Plain-English Summary
This is the heart of Article 3's remedy: an action to strip away a lessee's surface rights while leaving the underlying mineral lease intact. A person who owns a fee interest in the surface of land covered by a mining rights lease — including a community lease — can sue to terminate the lease's right of entry or occupation over all or part of the surface and surface zone in which that person has an interest.
Subdivision (b) protects agreements that pool or coordinate operations across a larger area: no judgment under this article can change or affect the terms of a valid unit agreement or valid operating agreement covered by Public Resources Code § 3301 or § 3321. The remedy targets surface occupation rights specifically, not the broader arrangements that govern how a field is developed.
Frequently Asked Questions
Who can bring an action under § 772.030?
Any person who owns a fee interest in the surface of leasehold lands burdened by a mining rights lease's right of entry or occupation.
What does this action terminate?
The lessee's right of entry or occupation as to all or part of the surface and surface zone in which the plaintiff owns an interest — not the underlying mineral lease itself.
Does this action affect unit or operating agreements?
No. Section 772.030(b) bars any judgment under this article from changing or affecting a valid unit agreement or operating agreement under Public Resources Code § 3301 or § 3321.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 16.
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: terminate oil lease surface rights californiaquiet title oil and gas surface rights