§ 17-41-501 Vested mining use — Conclusive presumption
§ 17-41-502 Rights of a mine operator with a vested mining use — Expanding vested mining use
§ 17-41-503 Abandonment of a vested mining use

Terms Used In Utah Code > Title 17 > Chapter 41 > Part 5 - Vested Mining Use

  • Applicable legislative body: means :
    (a) with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
    (i) the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or
    (ii) the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and
    (b) with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
    (i) the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or
    (ii) the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • labor dispute: as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Utah Code 34-19-11
  • Land: includes :Utah Code 68-3-12.5
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Mine 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, as of January 1, 2019:
    (a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
    (b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101
  • Mining protection area: means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. See Utah Code 17-41-101
  • New land: means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator's large mine permit. See Utah Code 17-41-101
  • Person: means :Utah Code 68-3-12.5
  • Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Unincorporated: means not within a city or town. See Utah Code 17-41-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vested mining use: means a mining use:
    (a) by a mine operator; and
    (b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101