§ 858.Judgment Vesting Interest of Delinquent

This is the heart of the chapter's remedy. At the hearing set under § 857, the court hears evidence on both sides of the petition -- from the coowner seeking relief and, if the delinquent coowner appears, from that coowner as well.

If the evidence supports it, the court may order judgment vesting the delinquent coowner's interest in the mine or mining claim in the coowner who filed the petition. That is a real forfeiture: the delinquent coowner can lose an entire ownership stake for failing to pay a proportionate share of taxes over five years, after notice and an opportunity to be heard.

The word "may" in the statute leaves the court discretion -- a judgment vesting the interest isn't automatic just because the delinquent coowner failed to appear or contest the petition. But when the court does order it, § 859 lets the winning coowner record the decree to make the new ownership a matter of public record.