Utah Code 17-41-501. Vested mining use — Conclusive presumption
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Terms Used In Utah Code 17-41-501
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019:
(13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and(13)(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101- Mining protection area: means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. See Utah Code 17-41-101
- Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
- Vested mining use: means a mining use:
(26)(a) by a mine operator; and(26)(b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101(1)(a) A mining use is conclusively presumed to be a vested mining use if the mining use existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits the mining use.(1)(b) Anyone claiming that a vested mining use has not been established has the burden of proof to show by clear and convincing evidence that the vested mining use has not been established.(2) A vested mining use:(2)(a) runs with the land; and(2)(b) may be changed to another mining use without losing its status as a vested mining use.(3) The present or future boundary described in the large mine permit of a mine operator with a vested mining use does not limit:(3)(a) the scope of the mine operator’s rights under this chapter; or(3)(b) the protection that this chapter provides for a mining protection area.(4)(4)(a) A mine operator with a vested mining use shall file a declaration for recording in the office of the recorder of the county in which the vested mining use is located.(4)(b) A declaration under Subsection (4)(a) shall:(4)(b)(i) contain a legal description of the land included within the vested mining use; and(4)(b)(ii) provide notice of the vested mining use. - Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019: