(1)Not less than thirty days before the
date scheduled for the initial public hearing by a local government on an
application for development, the applicant shall send notice, by certified mail,
return receipt requested, or by a nationally recognized overnight courier, to:
(a)(I) A mineral estate owner who either:
(A)Is identified as a mineral estate owner in the county tax assessor's
records, if those records are searchable by parcel number or by section, township,
and range numbers or other legally sufficient description; or
(B)Has filed in the office of the county clerk and recorder in which the real
property is located a request for notification in the form specified in subsection (3)
of this section.
(II)Such notice shall contain the time and place of the initial publi
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(1) Not less than thirty days before the
date scheduled for the initial public hearing by a local government on an
application for development, the applicant shall send notice, by certified mail,
return receipt requested, or by a nationally recognized overnight courier, to:
(a) (I) A mineral estate owner who either:
(A) Is identified as a mineral estate owner in the county tax assessor's
records, if those records are searchable by parcel number or by section, township,
and range numbers or other legally sufficient description; or
(B) Has filed in the office of the county clerk and recorder in which the real
property is located a request for notification in the form specified in subsection (3)
of this section.
(II) Such notice shall contain the time and place of the initial public hearing,
the nature of the hearing, the location and legal description by section, township,
and range of the property that is the subject of the hearing, and the name of the
applicant.
(b) The local government considering the application for development. Such
notice shall contain the name and address of the mineral estate owners to whom
notices were sent in accordance with paragraph (a) of this subsection (1).
(1.5) If an applicant files more than one application for development for the
same new surface development with a local government, the applicant shall only be
required to send notice pursuant to subsection (1) of this section of the initial public
hearing scheduled for the first application for development to be considered by the
local government. Local governments shall, pursuant to section 24-6-402 (7),
provide notice of subsequent hearings to mineral estate owners who register for
such notification.
(2) (a) The applicant shall identify the mineral estate owners entitled to
notice pursuant to this section by examining the records in the office of the county
tax assessor and clerk and recorder of the county in which the real property is
located, including the appropriate request for notification pursuant to subsection
(3) of this section. Notice shall be sent to the last-known address of the mineral
estate owner as shown by such records.
(b) If such records do not identify any mineral estate owners, including their
addresses of record, the applicant shall be deemed to have acted in good faith and
shall not be subject to further obligations under this article. The applicant shall not
be liable for any errors or omissions in such records.
(3) A mineral estate owner who requests or desires to obtain notice under
this article or the mineral estate owner's agent may file in the office of the county
clerk and recorder of the county in which the real property is located a request for
notification form that identifies the mineral estate owner's mineral estate and the
corresponding surface estate by parcel number and by section, township, and range
numbers or other legally sufficient description. The clerk and recorder shall file
request for notification forms in the real estate records for the county and shall
also keep an index of request for notification forms by section, township, and range
numbers or by subdivision lots and blocks.
(4) Prior to convening an initial public hearing on an application for
development, a local government shall require the applicant to certify that notice
has been provided to the mineral estate owner pursuant to subsection (1) of this
section.
(5) A mineral estate owner may waive the right to notice under this section in
writing to the applicant. Failure of a mineral estate owner to be identified in the
records described in paragraph (a) of subsection (1) of this section or to file a
request for notification under subsection (3) of this section shall not waive the right
of such mineral estate owner to file an objection with the local government to such
application for development no later than thirty days following the initial public
hearing for approval of the application for development or to exercise the remedies
set forth in section 24-65.5-104.
(6) Before completing the sale of a mineral estate, a mineral estate owner
who has received notice as the owner of the mineral estate of a pending public
hearing with respect to an application for development pursuant to this section
shall notify the buyer of the mineral estate of the existence of the application for
development. A transfer of an interest in a mineral estate by a mineral estate owner
following the filing of a request for notification pursuant to subsection (3) of this
section shall not modify the address to which the applicant may deliver notice
under paragraph (a) of subsection (1) of this section until the transferee of such
interest has filed an amendment to the request for notification describing the
address to which such notices shall be sent.