§ 17-41-501. Vested mining use -- Conclusive presumption.

(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.

(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:

(a) runs with the land; and

(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:

(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 in the 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