Upon the failure of a coowner of a mine or mining claim to contribute his proportionate share of the taxes that have been levied and assessed upon the mine or mining claim for the period of five years, a coowner who has paid that share may, at the expiration of the five years, serve upon the delinquent coowner notice thereof.
Actions in Particular CasesActions Against Coowners of Mines
Section § 853
This law says that if you and someone else own a mine together and your co-owner doesn't pay their part of the taxes for five years, you can pay their share. After five years, you can officially notify them that you've covered their tax portion.
mine ownership co-owner mining claim
Section § 854
This law explains how to properly deliver a notice related to a mining claim. If you can't serve the notice directly and have to do it through a newspaper, it must be in a newspaper that is widely read in the same county as the mine or in a nearby county if none exists. The notice must appear in the paper at least once a week for 90 days.
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.
notice service summons civil action
Section § 855
If one owner of a mine or mining claim doesn't pay their share of taxes within 90 days, the other owner who has paid can go to court. They can file a detailed petition describing the mine and the situation to seek help.
If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner contributing such share may file in the superior court of the county in which the mine or mining claim is situated a verified petition setting forth the facts and particularly describing the mine or mining claim.
delinquent coowner taxes proportionate share
Section § 856
If there’s a mine or mining claim that stretches across multiple counties, you can file a petition in the superior court of any of those counties.
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.
mine mining claim multiple counties
Section § 857
This law requires that when a petition is set for a hearing by the court, the clerk must post a notice about the hearing's time and place at the county courthouse at least 10 days in advance. Additionally, the court can decide to order extra notice if it thinks it's necessary.
The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted at the county courthouse at least 10 days before the hearing. The court may order such further notice as it deems proper.
petition hearing clerk responsibilities notice posting
Section § 858
This law says that in matters concerning mines or mining claims, the court will listen to evidence supporting or opposing a petition. Depending on the evidence, the court can decide to give the rights of a person who hasn't fulfilled their obligations in the mine to the one who filed the petition.
The court shall hear evidence for or against the petition and may order judgment on the petition vesting the interest of the delinquent in the mine or mining claim in the petitioner.
mines mining claims court judgment
Section § 859
This law allows for a certified copy of the official court decision (decree) about a mine or mining claim to be filed with the local county recorder's office wherever the mine or claim is located.
A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated.
certified copy decree county recorder
