Section 107.2 Of Chapter 1. Construction From California Revenue And Taxation Code >> Division 1. >> Part 1. >> Chapter 1.
107.2
. The full cash value of leasehold estates in exempt property
for the production of gas, petroleum and other hydrocarbon substances
from beneath the surface of the earth, and all other taxable rights
to produce gas, petroleum and other hydrocarbon substances from
exempt property (all of which rights are hereinafter in this section
referred to as "such oil and gas interests"), is the value of such
oil and gas interests exclusive of the value of any royalties or
other rights to share in production from exempt property owned by any
tax-exempt entity, whether receivable in money or property and
whether measured by or based upon production or income or both.
This section applies to such oil and gas interests created prior
to the date on which the decision in De Luz Homes, Inc. v. County of
San Diego (1955) 45 Cal. 2d 546, became final. This section does not,
however, apply to any of such oil and gas interests created prior to
such date which have been after such date or are hereafter extended
or renewed, unless such extension or renewal is pursuant to authority
in a contract, lease, statute, regulation, city charter, ordinance,
or other source, which authority permits no reduction of the rate of
royalty or other right to share in production on grounds of an
increase in the assessed valuation of such oil and gas interest.
Moreover, this section does not apply to any of such oil and gas
interests if the rate of royalties or other right to share in
production has, prior to the effective date of this section, been
reduced to adjust for the fact that certain assessors have valued
such oil and gas interests without excluding the value of said
royalties or other rights to share in production.