§ 9946. — 9946. (Enacted by Stats. 1990, Ch. 79.)

California § 9946.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 7.: DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
• Part 5.: PART 5. ESTATE MANAGEMENT
• Ch. 15.: CHAPTER 15. Leases

Text

(a)
Subject to Section 9947, an order authorizing the execution of a lease shall set forth the minimum rental or royalty or both and the period of the lease.
(b)
The order may authorize other terms and conditions of the lease, including, with respect to a lease for the purpose of exploration for or production or removal of minerals, oil, gas, or other hydrocarbon substances, or geothermal energy, any one or more of the following provisions:
(1)
A provision for the payment of rental and royalty to a depositary.
(2)
A provision for the appointment of a common agent to represent the interests of all the lessors.
(3)
A provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease.
(4)
A provision empowering the lessee to enter into any agreement authorized by Section 3301 of the Public Resources Code with respect to the land covered by the lease.
(5)
A provision for a community oil lease or a pooling or unitization by the lessee.
(c)
If the lease covers additional property owned by other persons or an undivided or other interest of the decedent less than the entire ownership in the property, the order may authorize the lease to provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by the lease.

Legislative History

Enacted by Stats. 1990, Ch. 79.