Utah § 17-81-401 - Vested mining use -- Conclusive presumption.

Full text of Utah Utah Code § 17-81-401 — Vested mining use -- Conclusive presumption., with citation guidance and answers to common questions.

§ 17-81-401. Vested mining use -- Conclusive presumption.

Effective 11/6/2025
17-81-401.  Vested mining use -- Conclusive presumption.
(1)
(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.
(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.
(2)A vested mining use:
(a)runs with the land; and
(b)may be changed to another mining use without losing its status as a vested mining use.
(3)The present or future boundary described in the large mine permit of a mine operator with a vested mining use does not limit:
(a)the scope of the mine operator's rights under this chapter; or
(b)the protection that this chapter provides for a mining protection area.
(4)
(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.
(b)A declaration under Subsection (4)(a) shall:
(i)contain a legal description of the land included within the vested mining use; and
(ii)provide notice of the vested mining use.


Renumbered and Amended by Chapter 14, 2025 Special Session 1

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 17-81-401

What does Utah Code § 17-81-401 cover?

Section 17-81-401 ("Vested mining use -- Conclusive presumption.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 17-81-401?

A common citation format is "Utah Code § 17-81-401" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 17-81-401 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.