The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is by publication, the publication shall be in a newspaper of general circulation published in the county in which the mine or mining claim is situated or if there is no such newspaper, in such a newspaper in an adjoining county, and the publication shall be at least once a week for 90 days.
§ 854.Service of Notice
Title 10. Actions In Particular Cases · Chapter 8. Actions Against Coowners of Mines · Enacted 2016 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 854 sets the service requirements for the notice a paying coowner sends under § 853, following the same rules as service of a civil summons, with special rules for service by publication in a newspaper near the mine.
Full Text of § 854
Plain-English Summary
Once a coowner decides to send the § 853 notice, this section tells them how to serve it. The default rule borrows directly from civil procedure generally: serve the notice the same way you would serve a summons in an ordinary civil action.
Publication gets its own treatment, since mining claims aren't always near a courthouse or a large newspaper market. If the paying coowner serves by publication, the newspaper has to be one of general circulation in the county where the mine or mining claim sits -- or, if no such newspaper exists there, one in an adjoining county. And the publication has to run at least once a week for 90 days, considerably longer than the publication periods used for many other kinds of notice.
That extended 90-day window reflects the reality that a delinquent coowner might be hard to locate or might not be paying close attention to a mining claim's affairs. The law gives that coowner a real chance to see the notice before the paying coowner can escalate under § 855.
Frequently Asked Questions
How must the § 853 notice be served?
In the manner provided by law for service of a summons in a civil action.
What if the delinquent coowner can't be personally served?
Section 854 allows service by publication in a qualifying newspaper.
How long must publication run?
At least once a week for 90 days.
Which newspaper qualifies for publication?
A newspaper of general circulation published in the county where the mine or mining claim is situated, or, if none exists there, one in an adjoining county.
Amendment History
Renumbered from Ca. Civ. Proc. Code §851 by Stats 2016 ch 86 (SB 1171),s 32, eff. 1/1/2017.
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: service of notice mining claim californiapublication notice mine coowner california