(a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface zone easements that the lessee may continue to enjoy within the subject land.
§ 772.050.Judgment Qualified to Provide Limited Surface and Surface Zone Easement; Judgment Conditioned On Relocation of Pipelines, Roadways, Etc.
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 772.050 lets the court qualify a judgment terminating surface rights by preserving limited easements for the lessee, and lets the court condition the judgment on relocating pipelines, roadways, or equipment at the plaintiff's expense, subject to a setoff for any benefit the lessee gains.
Full Text of § 772.050
(b) A judgment may be conditioned upon the relocation of pipelines, roadways, equipment, or lease facilities in such manner as will most effectively free the subject land for surface use while safeguarding continued oil and gas operations in a practical and economic manner. Any such condition of the judgment shall require the plaintiff to pay the costs of the relocation. However, the plaintiff shall be entitled to a setoff against the costs to the extent of any benefit to the lessee resulting from the installation of new equipment or material. The plaintiff has the burden of proving any benefit accruing to the lessee.
Plain-English Summary
Terminating a surface right doesn't have to be all-or-nothing. Subdivision (a) lets the court carve out limited surface and surface-zone easements the lessee may continue to use within the subject land, tailoring the judgment to what production still requires.
Subdivision (b) addresses physical infrastructure directly. The judgment can require relocating pipelines, roadways, equipment, or lease facilities in whatever way frees the land for surface use while still protecting practical, economic oil and gas operations. The plaintiff pays for that relocation — but gets a setoff against those costs for any benefit the lessee gains from new equipment or materials installed in the process, and it's the plaintiff's burden to prove that benefit exists.
Frequently Asked Questions
Can a lessee keep any surface rights after a termination judgment?
Yes. Section 772.050(a) lets the court qualify the judgment to allow limited surface and surface-zone easements the lessee may continue to use.
Who pays to relocate pipelines or equipment ordered by the judgment?
The plaintiff, though the plaintiff is entitled to a setoff against those costs for any benefit the lessee gains from new equipment or materials.
Who has to prove that benefit exists?
The plaintiff bears the burden of proving any benefit accruing to the lessee from the relocation.
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: relocate pipelines oil lease judgment californialimited surface easement oil lease california