Butcher

Plaintiff Dan E. Butcher appeals a summary judgment in favor of defendant Okmar Oil Company in an action to terminate Okmar’s right of entry to real property owned by Butcher.

The action is based on Code of Civil Procedure section 751.3 [see Appendix,post, pp. 976-977] enacted in 1971 “in the public interest that due procedures be established to make it possible to free, for surface use, land in urban areas which is not reasonably needed for oil and gas operations.” (Stats. 1971, ch. 1586, § 3.) Section 751.3 provides in pertinent part that the owner of land encumbered by a right of entry in a lease for the production of oil may bring an action to terminate the right of entry to all or part of the land. The evidence must show (1) the lease or its latest amendment affecting the right of entry is more than 20 years old; (2) the land to be freed of the right of entry is not occupied by a producing well; and (3) termination of the right of entry will not significantly interfere with the right of the lessee to continue to produce oil in a practical and economic manner, utilizing appropriate production techniques consistent with good oil field practice, and to gather,…