United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-702

A vested critical infrastructure materials use is presumed if it meets the section’s definition. A challenger must prove by a preponderance of the evidence that it was not established. The use run…

critical infrastructure materials userecording declarations

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“A vested critical infrastructure materials use is presumed if it meets the section’s definition. A challenger must prove by a preponderance of the evidence that it was not established. The use runs with the land, may be changed without losing vested status, and the operator must file a recorded declaration with a legal”

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Vested critical infrastructure materials use -- Presumption.

A vested critical infrastructure materials use is presumed if it meets the section’s definition. A challenger must prove by a preponderance of the evidence that it was not established. The use runs with the land, may be changed without…

Section 10-20-702

Subsection 10-20-702(2)

A vested critical infrastructure materials use runs with the land and may be changed to another critical infrastructure materials use without losing vested status.

Section 10-20-702(2)

Subsection 10-20-702(3)

The boundary of a critical infrastructure materials use does not limit the operator’s rights or protection for a critical infrastructure materials protection area.

Section 10-20-702(3)

Subsection 10-20-702(4)(a)

A critical infrastructure operator with a vested critical infrastructure materials use must file a declaration for recording with the county recorder in the county where the use is located.

Section 10-20-702(4)(a)

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Showing 15 of 15 provisions

Provision 12Interpretation 3

Part 10-20-7

part 10-20-7 Vested Critical Infrastructure Materials Operations

§ 10-20-702Vested critical infrastructure materials use -- Presumption.Interpretation

A vested critical infrastructure materials use is presumed if it meets the section’s definition. A challenger must prove by a preponderance of the evidence that it was not established. The use runs with the land, may be changed without losing vested status, and the operator must file a recorded declaration with a legal description and notice.

Vested critical infrastructure materials use -- Presumption. A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use in Section 10-20-701 . A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established. A vested critical infrastructure materials use: runs with the land; and may be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use. The present or future boundary of the critical infrastructure materials use of a critical infrastructure materials operator with a vested critical infrastructure materials use does not limit: the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or the protection for a critical infrastructure materials protection area. A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located. A declaration under Subsection (4)(a) shall: contain a legal description of the land included within the vested critical infrastructure materials use; and provide notice of the vested critical infrastructure materials use.
Section 10-20-702Verify source
§ 10-20-702(1)Subsection 10-20-702(1)Interpretation

A critical infrastructure materials use is presumed vested if it meets the Section 10-20-701 definition. A person disputing that status bears the burden of proof and must show it by a preponderance of the evidence.

A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use in Section 10-20-701 . A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established.
Section 10-20-702(1)Verify source
§ 10-20-702(1)(a)Subsection 10-20-702(1)(a)Interpretation

A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use in Section 10-20-701

A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use in Section 10-20-701 .
Section 10-20-702(1)(a)Verify source
§ 10-20-702(1)(b)Subsection 10-20-702(1)(b)Provision

A person claiming that a vested critical infrastructure materials use has not been established must prove that claim by a preponderance of the evidence.

A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established.
Section 10-20-702(1)(b)Verify source
§ 10-20-702(2)Subsection 10-20-702(2)Provision

A vested critical infrastructure materials use runs with the land and may be changed to another critical infrastructure materials use without losing vested status.

A vested critical infrastructure materials use: runs with the land; and may be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use.
Section 10-20-702(2)Verify source
§ 10-20-702(2)(a)Subsection 10-20-702(2)(a)Provision

runs with the land; and

runs with the land; and
Section 10-20-702(2)(a)Verify source
§ 10-20-702(2)(b)Subsection 10-20-702(2)(b)Provision

Something may be changed to another critical infrastructure materials use without losing vested status.

may be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use.
Section 10-20-702(2)(b)Verify source
§ 10-20-702(3)Subsection 10-20-702(3)Provision

The boundary of a critical infrastructure materials use does not limit the operator’s rights or protection for a critical infrastructure materials protection area.

The present or future boundary of the critical infrastructure materials use of a critical infrastructure materials operator with a vested critical infrastructure materials use does not limit: the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or the protection for a critical infrastructure materials protection area.
Section 10-20-702(3)Verify source
§ 10-20-702(3)(a)Subsection 10-20-702(3)(a)Provision

the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or

the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or
Section 10-20-702(3)(a)Verify source
§ 10-20-702(3)(b)Subsection 10-20-702(3)(b)Provision

the protection for a critical infrastructure materials protection area.

the protection for a critical infrastructure materials protection area.
Section 10-20-702(3)(b)Verify source
§ 10-20-702(4)Subsection 10-20-702(4)Provision

A critical infrastructure operator with a vested critical infrastructure materials use must file a declaration with the county recorder, and the declaration must include a legal description of the land and notice of the use.

A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located. A declaration under Subsection (4)(a) shall: contain a legal description of the land included within the vested critical infrastructure materials use; and provide notice of the vested critical infrastructure materials use.
Section 10-20-702(4)Verify source
§ 10-20-702(4)(a)Subsection 10-20-702(4)(a)Provision

A critical infrastructure operator with a vested critical infrastructure materials use must file a declaration for recording with the county recorder in the county where the use is located.

A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located.
Section 10-20-702(4)(a)Verify source
§ 10-20-702(4)(b)Subsection 10-20-702(4)(b)Provision

A declaration under Subsection (4)(a) shall: contain a legal description of the land included within the vested critical infrastructure materials use; and provide notice of the vested critical infrastructure materials use.

A declaration under Subsection (4)(a) shall: contain a legal description of the land included within the vested critical infrastructure materials use; and provide notice of the vested critical infrastructure materials use.
Section 10-20-702(4)(b)Verify source
§ 10-20-702(4)(b)(i)Subsection 10-20-702(4)(b)(i)Provision

contain a legal description of the land included within the vested critical infrastructure materials use; and

contain a legal description of the land included within the vested critical infrastructure materials use; and
Section 10-20-702(4)(b)(i)Verify source
§ 10-20-702(4)(b)(ii)Subsection 10-20-702(4)(b)(ii)Provision

provide notice of the vested critical infrastructure materials use.

provide notice of the vested critical infrastructure materials use.
Section 10-20-702(4)(b)(ii)Verify source

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