63L-8-404. Valid existing right.
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Effective 5/1/2024
63L-8-404. Valid existing right.
(1)As used in this section, "valid existing right" means an interest in property that a person secures by meeting the requirements of this section.
(2)A property right associated with a grazing allotment on public lands is a valid existing right if the owner of the grazing allotment:
(a)has a valid permit or lease issued by a federal agency that authorizes the permit or lease holder to use the public lands for grazing domestic livestock;
(b)grazes the land in a manner consistent with sustained yield;
(c)is able to demonstrate that the lands included in the grazing allotment covered by the permit are chiefly valuable for grazing; and
(d)obtains the preference rights to the lease or permit described in Subsection (2)(a) and begins grazing livestock on the public lands before a final decision by a federal agency to withdraw the public lands from use for livestock grazing.
Enacted by Chapter 184 , 2024 General Session