7 LONG TITLE
8 General Description:
9 This bill addresses state institutional trust lands.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses penalties for illegal activities on trust land; and
13 ▸ makes technical changes.
14 Money Appropriated in this Bill:
16 Other Special Clauses:
18 Utah Code Sections Affected:
20 53C-2-301, as last amended by Laws of Utah 2016, Chapter 389
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53C-2-301 is amended to read:
24 53C-2-301. Illegal activities on trust lands -- Penalties.
25 (1) A person is liable for the civil damages prescribed in Subsection (2) and[
27 guilty of a criminal offense specified in Subsection (4) if the person[
28 or recklessly, and without written authorization from the director:
29 (a) removes, extracts, uses, consumes, or destroys [
30 sand, soil, vegetation, water resource, or improvement on trust lands;
31 (b) grazes livestock on trust lands;
32 (c) uses, occupies, or constructs improvements or structures on trust lands;
33 (d) uses or occupies trust lands for more than 30 days after the cancellation or
34 expiration of written authorization;
35 (e) knowingly and willfully uses trust lands for commercial gain;
36 (f) appropriates, alters, injures, or destroys [
37 prehistorical, archaeological, or paleontological resource on trust lands;
38 (g) trespasses upon, uses, commits waste, dumps refuse, or occupies trust land;
39 (h) interferes with the activities of an employee or agent of the administration on trust
40 lands; or
41 (i) interferes with activities of a lessee or other person that have been authorized by the
42 administration, whether or not the trust land has been withdrawn from occupancy or use
43 pursuant to Subsection 53C-2-105(1)(b).
44 (2) A person who commits [
45 damages in the amount of whichever of the following is greatest:
46 (a) three times the value at the point of sale of the mineral or other resource removed,
47 destroyed, or extracted;
48 (b) three times the amount of damage committed;
49 (c) three times the cost to cure the damage;
50 (d) three times the value of any losses suffered as a result of interference with
51 authorized activities; or
52 (e) three times the consideration which would have been charged by the director for
53 use of the land during the period of trespass.
54 (3) In addition to the damages described in Subsection (2), a person found guilty of a
55 criminal act under Subsection (1) is subject to the penalties provided in Title 76, Chapter 3,
57 (4) A violation of this section is a:
58 (a) second degree felony if the actor's conduct causes property injury or damage, or
59 pecuniary loss equal to or in excess of $5,000 in value;
60 (b) third degree felony if the actor's conduct causes property injury or damage, or
61 pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
62 (c) class A misdemeanor if the actor's conduct causes property injury or damage, or
63 pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
64 (d) class B misdemeanor if the actor's conduct causes property injury or damage, or
65 pecuniary loss less than $500 in value.
67 which like revenues from that land would be deposited.
69 section in excess of actual damages to the general fund of the county in which the trespass
70 occurred as a reward for county assistance in the apprehension and prosecution of the
71 trespassing party.