{"data":{"id":"us-ut/utah-code-17-81-401","jurisdiction":"us-ut","citation":"Utah Code § 17-81-401","heading":"Vested mining use -- Conclusive presumption.","body":"(1)\n(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.\n(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.\n(2) A vested mining use:\n(a) runs with the land; and\n(b) may be changed to another mining use without losing its status as a vested mining use.\n(3) The present or future boundary described in the large mine permit of a mine operator with a vested mining use does not limit:\n(a) the scope of the mine operator's rights under this chapter; or\n(b) the protection that this chapter provides for a mining protection area.\n(4)\n(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.\n(b) A declaration under Subsection (4)(a) shall:\n(i) contain a legal description of the land included within the vested mining use; and\n(ii) provide notice of the vested mining use.","path":["Title 17 Counties","Chapter 17-81 Agriculture, Industrial, and Critical Infrastructure Materials","Part 17-81-4 Vested Mining Use"],"source_url":"https://le.utah.gov/xcode/Title17/Chapter81/17-81-S401.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"3d039e3988a89f12f0e69fd1faef82c41bc8a987b2a25a38bfda4b09869ce634","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-17-81-307","next":"us-ut/utah-code-17-81-402"},"notice":"GroundRules: Original legal text. Not legal advice."}