SECTIONS 7921-7927 - California Statutes

PUBLIC RESOURCES CODE

SECTION 7921-7927

7921. When a contest arises before the commission concerning the
approval of a survey or location, or concerning a certificate of
purchase or other evidence of title, the commission may, when the
question involved is as to the survey, or one purely of fact, or
whether the land applied for is a part of the swamp or overflowed
lands of the State, or whether it is included within a confirmed
grant, the lines of which have been run by authority of law, proceed
to hear and determine the contest. When, in the judgment of the
commission, a question of law is involved, or when either party
demands a trial in the courts of the State, the commission shall make
an order referring the contest to the superior court of the county
in which the land is situated, and shall enter the order in a record
book in its office.

7922. After such order is made, either party may bring an action in
the superior court of the county in which the land in question is
situated, to determine the conflict, and the production of a
certified copy of the entry made by the commission gives the court
full and complete jurisdiction to hear and determine the action.

7923. Any person, legally qualified to purchase from the State
public lands of the same character as the land involved in the
action, may, after such order of reference has been made, present to
the commission his application, in due form as required by law, to
purchase the land, or any part thereof not less than the smallest
legal subdivision. Upon presenting to the court in which the action
is pending, a certificate of the commission, showing that such
application has been so presented, and a certified copy of such
application, the court may, at any time before the trial, upon such
terms as may be just, allow such party to intervene in the action and
contest the right of any other party thereto to purchase the land
applied for by the intervenor, and to have his own right determined.

7924. When any contest arises as provided for in this article there
shall be filed with the commission a statement by the contestant of
the grounds of contest, and such statement, other than as to matters
of record or law, shall be corroborated by the affidavit of some
competent person having personal knowledge of the facts set forth
therein.

7925. When a copy of the final judgment of the court is filed with
the commission, it shall approve the survey or location, or issue the
certificate of purchase or other evidence of title in accordance
with the judgment.

7926. Unless the party contestant commences his action within 60
days after the order of reference is made, his rights in the premises
and under his application cease.

7927. Whenever the commission receives a plat of a survey pursuant
to the provisions of Section 27564 of the Government Code, any action
by the commission to contest such survey shall be commenced within
90 days from the date of receipt of the plat of the survey.