Mineral Property Resources

The following resources provide information and guidance on the Mineral Property Survey Topic.

California Constitution Code

California Constitution Code
Article Title
Article XIII §10 Taxation
Article XIII A Tax Limitation

Government Code

Government Code
Article Title
27360-27388.2 Fees

Revenue and Taxation Code

Revenue and Taxation Code
Section Title
60-69.6 Change in Ownership and Purchase
75.10-75.15 Assessments on the Supplemental Roll
101-136 Construction
401-409 General Requirements
421-430.5 Valuation of Open-Space Land Subject to an Enforceable Restriction
601-623 Assessment Roll

Property Tax Rules

The BOE is mandated to prescribe rules and regulations to govern local boards of equalization when equalizing and Assessors when assessing in compliance with the rulemaking procedures adopted by the California Office of Administrative Law. Pursuant to that mandate, the BOE has adopted various Property Tax Rules which are contained in Title 18 of the California Code of Regulations.

The following Property Tax Rules pertain to mineral property.

Property Tax Rules
Rule Title
8 The Income Approach to Value
20 Taxable Possessory Interests
21 Taxable Possessory Interests — Valuation
27 Valuation of Possessory Interests for the Production of Hydrocarbons
28 Examples of Taxable Possessory Interests
121 Land
124 Examples
468 Oil and Gas Producing Properties
469 Mining Properties
473 Geothermal Properties

Assessors' Handbook (AH)

The AH is a series of manuals developed by the staff of the Board of Equalization (BOE) in an open process. The objective of the AH is to give Assessors, their staff, and other interested parties an understanding of the principles of property assessment and real and personal property appraisal for property tax purposes. Additionally, the AH presents the BOE staff's interpretation of rules, laws, and court decisions on property assessment.

In attempting to relate the advice or guidance provided in the AH, care must be taken to ensure that the advice has not been superseded by subsequent legislative or administrative action, court decisions, or reconsideration of staff's position. Following advice provided in the AH is not reasonable reliance upon written advice for purpose of obtaining relief from a failure to pay tax, interest, and/or penalty. In any instance where there is an inconsistency between a statute or regulation and an AH section, statutory or regulatory law is controlling.

The following AH sections pertains to procedural issues involving mineral property.

Assessors' Handbook (AH)
Section Title
560 Assessment of Mining Properties
566 Assessment of Petroleum Properties

Letters To Assessors (LTAs)

LTAs provide an ongoing advisory service for Assessors and other interested parties. The letters present BOE staff's interpretation of rules, laws, and court decisions on property tax assessment.

The following LTAs pertain to procedural issues involving mineral property.

Letters To Assessors (LTAs)
Letter to Assessor Title
79/196 Information Regarding Assessment of Mineral Properties
80/09 Information Regarding the Assessment of Petroleum Properties
80/121 Opinion No. 80-322
81/15 Information Regarding the Assessment of Petroleum and Gas Producing Properties
81/95 Valuation of Wells Under Construction on the Lien Date
82/77 Assessment of Possessory Interests in Undeveloped Mineral Rights Contrasted with Short-Term Possessory Interest Assessment
84/44 Production of Methane Gas from Landfill Operations
85/99 Minimum Assessments and the Use of Multipliers in Appraisal of Marginal Producing Petroleum Property
85/126 Chapter 186 of the Statutes of 1985, Assembly Bill 312
87/40 Assessment of Dry Hole Wells
87/100 Assessment of Mineral Properties
91/62 Mining Property Stockpiled Ore
92/52 Use of Royalties to Determine Economic Lives of Petroleum Properties
93/64 Federal Law Changes Affecting Unpatented Mining Claims
96/52 Chapter 491 (SB 821), Chapter 497 (SB 722), Chapter 527 (SB 716), Statutes of 1995
2014/043 Effective Administrative Practices — Mining Properties
2018/044 California Code of Regulations Title 18, Public Revenues, Property Tax Rule 469

Annotated legal opinions are summaries of the conclusions reached in selected legal rulings of California State Board of Equalization counsel.

The following legal opinions pertain to questions involving mineral property.

Annotated Legal Opinions
Annotated Legal Opinion Title
590.0020-590.0040 Mines and Minerals