Valid existing rights definition

Valid existing rights means a set of circumstances under which a person may, subject to division approval, conduct surface coal mining operations on lands where В§ 45.1-252D of the Act and 4VAC25-130-761.11 would otherwise prohibit such operations.В The possession of valid existing rights only confers an exception from the prohibitions of В§ 45.1-252.D and 4VAC25-130-761.11.В A person seeking to exercise valid existing rights must comply with all pertinent requirements of the Act and the regulations promulgated thereunder and would need to demonstrate:
Valid existing rights means a set of circumstances under which a person, subject to commission approval, may conduct surface coal mining operations on lands where North Dakota Century Code section 38-14.1-07 and section 69-05.2-04-01.1 would otherwise prohibit such operations. Possession of valid existing rights confers an exception from these prohibitions. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of North Dakota Century Code chapter 38-14.1 and this article.
Valid existing rights means that a mining claim lo-

Examples of Valid existing rights in a sentence

  • Valid existing rights include those derived from mining and mineral leasing laws of the United States.

  • Valid existing rights include those derived under mining and mineral leasing laws of the United States.

  • Valid existing rights exist under paragraphs (a) and (b) of this definition.

  • Valid existing rights in the property, including rights granted by contract, permit, right-of-way, or ease- ment.

  • Valid existing rights do not mean mere expectation of a right to conduct surface coal mining or the right to conduct underground coal mining.


More Definitions of Valid existing rights

Valid existing rights means: a set of circumstances under which a person may, subject to the Department's ap- proval, conduct surface coal mining operations on lands where 45 O.S. Section 783 and Section 460:20-7-4 would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of 45 O.S. Section 783 and Section 460:20-7-4. A person seeking to exer- cise valid existing rights must comply with all other pertinent requirements of the Act and this Chapter.
Valid existing rights means a set of circumstances under which a person may, subject to regulatory authority approval, conduct coal mining and reclamation operations on lands where Subsection 40-10-24(4) of the Act and R645-103-224 would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of R645-103-224 and Subsection 40-10-24(4) of the Act. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the Federal Act and the State Program.
Valid existing rights means a set of circumstances under which a person may, subject to division approval, conduct surface coal mining operations on lands where § 45.1-252 D of the Act and 4VAC25-130-761.11 would otherwise prohibit such operations. The possession of valid existing rights only confers an exception from the prohibitions of § 45.1-252 D and 4VAC25-130-
Valid existing rights means [(a) for haul roads" (i) a recorded right of way, recorded easement, or a permit for a coal haul road recorded as of August 3, 1977, or (ii) any other road in existence as of August 3, 1977; (b) a person possesses valid existing rights if the person proposing to conduct coal mining and reclamation operations can demonstrate that property rights to the coal had been acquired prior to August 3, 1977 and that the coal is both needed for, and immediately adjacent to, an ongoing coal mining and reclamation operation which existed on August 3, 1977. A determination that coal is "needed for" will be based upon a finding that the extension of mining is essential to make the coal mining and reclamation operation as a whole economically viable; (c) where an area comes under the protection of 40-10-24 of the Act
Valid existing rights. ’ means a set of circumstances under which a person may, subject to Division approval, conduct surface coal mining operations on lands where Section 45.1–252 D of the Act and Section 4VAC25–130–
Valid existing rights. ’ means a set of circumstances under which a person may, subject to division approval, conduct surface coal mining operations on lands where § 45.1–252 D of the Act and § 4VAC25–130–761.11 of the regulations would otherwise prohibit such operations. The possession of valid existing rights only confers an exception from the prohibitions of § 45.1–252 D and § 4VAC25–130–761.11. A person seeking to exercise valid existing rights would need:
Valid existing rights means (a) for haul roads" (i) a recorded right of way, recorded easement, or a permit for a coal haul road recorded as of August 3, 1977, or (ii) any other road in existence as of August 3, 1977; (b) a person possesses valid existing rights if the person proposing to conduct coal mining and reclamation operations can demonstrate that property rights to the coal had been acquired prior to August 3, 1977 and that the coal is both needed for, and immediately adjacent to, an ongoing coal mining and reclamation operation which existed on August 3, 1977. A determination that coal is "needed for" will be based upon a finding that the extension of mining is essential to make the coal mining and reclamation operation as a whole economically viable; (c) where an area comes under the protection of 40-10-24 of the Act after August 3, 1977, valid existing rights will be found if on the date the protection comes into existence, a validly authorized coal mining and reclamation operation exists on that area; and (d) interpretation of the terms of the document relied upon to establish the rights to which the standard of portions (a) and (c) of this definition applies will be based either upon applicable Utah statutory or case law concerning interpretation of documents conveying mineral rights or, where no applicable Utah law exists, upon the usage and custom at the time and place it came into existence.