§ 772.050 Qualification of judgment; limited easements; relocation of facilities; costs; setoff; proof of benefit

Codes > California Code of Civil Procedure > Part 2 > Title 10 > 772.050

§ 772.050. Qualification of judgment; limited easements; relocation of facilities; costs; setoff; proof of benefit

    (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 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.