Terms Used In Utah Code > Title 10 > Chapter 9a > Part 9 - Vested Critical Infrastructure Materials Operations

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 10-9a-901
• Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 10-9a-901
• Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:

  (a)	owns, controls, or manages a critical infrastructure materials operations; and

  (b)

  has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 10-9a-901 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiduciary: A trustee, executor, or administrator. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Land: includes :Utah Code 68-3-12.5 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Misappropriation: means : (a)  acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b)  disclosure or use of a trade secret of another without express or implied consent by a person who: (i)  used improper means to acquire knowledge of the trade secret; or (ii)  at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (A)  derived from or through a person who had utilized improper means to acquire it; (B)  acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (C)  derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii)  before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Nonconforming use: means a use of land that: (a)  legally existed before its current land use designation; (b)  has been maintained continuously since the time the land use ordinance governing the land changed; and (c)  because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 10-9a-103 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103 Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2 Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103 Property: includes both real and personal property. See Utah Code 68-3-12.5 Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103 Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a)  derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2 Trustee: A person or institution holding and administering property in trust. Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before: (a)  a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and (b)  January 1, 2019. See Utah Code 10-9a-901