If the mine or mining claim is situated in more than one county, the petition may be filed in the superior court of either county.
§ 856.Place of Filing If Mine Or Claim Situated In More Than One County
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 856 lets the petition described in § 855 be filed in the superior court of either county when the mine or mining claim in dispute is situated across more than one county line.
Full Text of § 856
Plain-English Summary
Mines and mining claims don't always respect county lines. Section 856 handles that reality with a simple venue rule: if the property in question is situated in more than one county, the coowner filing the § 855 petition can choose either county's superior court.
That flexibility saves the petitioner from having to pin down exactly where a boundary falls, or from needing to file duplicate petitions in multiple counties. Whichever county the petition lands in, the rest of the chapter's procedure -- the hearing under § 857 and the judgment under § 858 -- proceeds the same way.
Frequently Asked Questions
What if the mine crosses a county boundary?
The petition may be filed in the superior court of either county in which the mine or mining claim is situated.
Does the petitioner have to file in every county the mine touches?
No, only one of those counties.
Amendment History
Renumbered from Ca. Civ. Proc. Code §853 by Stats 2016 ch 86 (SB 1171),s 35, 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: venue mining claim petition californiamulti-county mine petition california