Utah § 17-81-401 Vested mining use -- Conclusive presumption.

Utah Statutes

§ 17-81-401 — Vested mining use -- Conclusive presumption.

Utah·Title 17 Counties·Ch. 17-81 Agriculture, Industrial, and Critical Infrastructrure Materials·Part 17-81-4 Vested Mining Use

(1)(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 t

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(1) (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.

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