17-41-501 - Vested mining use -- Conclusive presumption.
17-41-501. Vested mining use -- Conclusive presumption.
(1) (a) A mining use is conclusively presumed to be a vested mining use if the mininguse existed or was conducted or otherwise engaged in before a political subdivision prohibits,restricts, or otherwise limits the mining use.
(b) Anyone claiming that a vested mining use has not been established has the burden ofproof to show by clear and convincing evidence that the vested mining use has not beenestablished.
(2) A vested mining use:
(a) runs with the land; and
(b) may be changed to another mining use without losing its status as a vested mininguse.
(3) The present or future boundary described in the large mine permit of a mine operatorwith a vested mining use does not limit:
(a) the scope of the mine operator's rights under this chapter; or
(b) the protection that this chapter provides for a mining protection area.
(4) (a) A mine operator with a vested mining use shall file a declaration for recording inthe office of the recorder of the county in which the vested mining use is located.
(b) A declaration under Subsection (4)(a) shall:
(i) contain a legal description of the land included within the vested mining use; and
(ii) provide notice of the vested mining use.
Enacted by Chapter 376, 2009 General Session