(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.
(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.
(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.
(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.
(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.
(i) contain a legal description of the land included within the vested mining use; and
(ii) provide notice of the vested mining use.
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