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

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

(1)

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Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
real property: includes :Utah Code 68-3-12.5
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(a)

As used in this section:

(i)	“Competitive process” includes public auction or other public competitive bidding process.

(ii)

“Natural resource or agricultural production” means:

(A)	the extraction or production of oil, gas, hydrocarbons, or other minerals;

(B)	production for commercial purposes of crops, livestock, and livestock products, including grazing; or

(C)	activities similar in purpose to those listed in Subsections (1)(a)(ii)(A) and (B).

(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:

(a)	bids for a lease as part of a competitive process for the lease;

(b)	does not intend to pay for the lease at the time the actor makes the bid described in Subsection (2)(a); and

(c)	does not pay the lessor in full for the lease as required by the lease agreement.

(3)

A violation of Subsection (2) is:

(a)	a third degree felony; and

(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.

Amended by Chapter 111, 2023 General Session