0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 770.010 Section 770.010
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As used in this article: (a) “Acquired” means received or taken by conveyance, judgment, decree, or otherwise. (b) “Property” means any right, title, or interest in or lien upon real property or part thereof. (c) “Subsequent owner” means the person to whom property is transferred…
Code Civ. Proc. § 770.020 Section 770.020
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If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other than or different from the name in which the property is acquired or stands of record, a proceeding is authorized to adjudicate and determine …
Code Civ. Proc. § 770.030 Section 770.030
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The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
Code Civ. Proc. § 770.040 Section 770.040
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(a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court. (b) At any time before the date fixed for the hearing of the petition, any person interested in the property may answer the petition and deny any of the matters contained …
Code Civ. Proc. § 770.050 Section 770.050
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(a) The petition shall be verified in the manner provided for verification of a complaint. (b) The petition may be substantially entitled, “In the matter of the determination of the identity of ____” (naming all the persons sought to be identified), and may set forth: (1) A state…
Code Civ. Proc. § 770.060 Section 770.060
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(a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court. (b) The petitioner shall give notice of the hearing by causing notices of the time and place of hearing to be posted at the courthouse of the county where the proceeding is pending and…
Code Civ. Proc. § 770.070 Section 770.070
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(a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by any persons answering the petition, and shall make and enter a decree determining the identity of the person or persons set…
Code Civ. Proc. § 770.080 Section 770.080
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(a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person or persons described in the decree is such as is stated in the decree. (b) A certified copy of the decree shall be record…
Code Civ. Proc. § 771.010 Section 771.010
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If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied: (a) The proposal was made by filing a map only. (b) No…
Code Civ. Proc. § 771.020 Section 771.020
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(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted. (b) The action shall be pursuant to Chapter 4 …
Code Civ. Proc. § 772.010 Section 772.010
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This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000 and less than 710,000 as determined by the 1960 Federal Decennial Census.
Code Civ. Proc. § 772.020 Section 772.020
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As used in this article: (a) “Surface zone” means the zone which lies above a plane which is 500 feet below the surface of the land. (b) “Subject land” means that area occupied by the particular described surface and surface zone for which plaintiff seeks to terminate the leaseho…
Code Civ. Proc. § 772.030 Section 772.030
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(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…
Code Civ. Proc. § 772.040 Section 772.040
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The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court deems fair and equitable, if the evidence shows each of the following: (a) The document that created the leasehold intere…
Code Civ. Proc. § 772.050 Section 772.050
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(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. (b) A judgment may be conditioned upon the r…
Code Civ. Proc. § 772.060 Section 772.060
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It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to be waived by amendment to any oil or gas lease within 20 years of the date of its execution by a plaintiff or the plainti…