§ 76-6-523 — Obstruction of the leasing of real property for natural resource or agricultural production.

(1) (1)(a) As used in this section:
(1)(a)(i) "Competitive process" includes public auction or other public competitive bidding process.
(1)(a)(ii) "Natural resource or agricultural production" means:

(1)(a)(ii)(A) the extraction or production of oil, gas, hydrocarbons, or other minerals;
(1)(a)(ii)(B) production for commercial purposes of crops, livestock, and livestock products, including grazing; or
(1)(a)(ii)(C) activities similar in purpose to those listed in Subsections (1)(a)(ii)(A) and (B).
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits obstruction of the leasing of real property for natural resource or agricultural production if the actor:

(2)(a) bids for a lease as part of a competitive process for the lease;
(2)(b) does not intend to pay for the lease at the time the actor makes the bid described in Subsection (2)(a); and
(2)(c) does not pay the lessor in full for the lease as required by the lease agreement.
(3) A violation of Subsection (2) is:

(3)(a) a third degree felony; and
(3)(b) subject to a minimum fine of not less than $7,500.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Legislative History

Amended by Chapter 111, 2023 General Session