Utah Code 63L-8-404. Valid existing right
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(1) As used in this section, “valid existing right” means an interest in property that a person secures by meeting the requirements of this section.
Terms Used In Utah Code 63L-8-404
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Sustained yield: means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public land consistent with multiple use. See Utah Code 63L-8-102
(2) A property right associated with a grazing allotment on public lands is a valid existing right if the owner of the grazing allotment:
(2)(a) has a valid permit or lease issued by a federal agency that authorizes the permit or lease holder to use the public lands for grazing domestic livestock;
(2)(b) grazes the land in a manner consistent with sustained yield;
(2)(c) is able to demonstrate that the lands included in the grazing allotment covered by the permit are chiefly valuable for grazing; and
(2)(d) obtains the preference rights to the lease or permit described in Subsection (2)(a) and begins grazing livestock on the public lands before a final decision by a federal agency to withdraw the public lands from use for livestock grazing.