(1)  The attorney general shall:

Terms Used In Utah Code 53C-1-305

  • Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
(a) the state's public education system; or
(b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103
(a)  represent the board, director, or administration in any legal action relating to trust lands except as otherwise provided in Subsection (3);

(b)  review leases, contracts, and agreements submitted for review prior to execution; and

(c)  undertake suits for the collection of royalties, rental, and other damages in the name of the state.

(2)  The attorney general may institute actions against any party to enforce this title or to protect the interests of the trust beneficiaries.

(3)  The administration may, with the consent of the attorney general, employ in house legal counsel to perform the duties of the attorney general under Subsections (1) and (2).

(4)  In those instances where the interests of the trust beneficiaries conflict with those of state officers or executive department agencies for which the attorney general acts as legal advisor under Utah Constitution Article VII, Section 16, the board may, with the consent of the attorney general, employ independent counsel to represent and protect those interests.

Amended by Chapter 237, 2000 General Session