59-2-211 - Security for tax on uranium and vanadium mining properties. - Utah Statutes

59-2-211. Security for tax on uranium and vanadium mining properties.
(1) The commission, in order to ensure the payment and collection of an ad valoremproperty tax imposed against uranium and vanadium mining properties, may require the owner orthe person engaged in mining the properties to deposit a security with the commission in anamount determined by the commission. The security shall be deposited with the commissionwithin 30 days of proper notice by the commission that the security is required. Notice byregistered mail to the last-known address as shown in the records of the commission constitutesproper notice.
(2) The security may be sold by the commission at public sale in order to recover any tax,interest, or penalty due. Notice of the sale may be personally served upon the person whodeposited the securities, or served by registered mail sent to the last-known address as shown inthe records of the commission. Following the sale, any surplus amount shall be returned to theperson who deposited the security.
(3) If the security is not deposited on or before the due date, the commission may declarethe tax for that year and any preceding year, if unpaid, in jeopardy, and may proceed to collectthe tax under this chapter.
(4) Following recourse to the security by the commission, or to jeopardy proceedingsunder Part 13 of this chapter, the person engaged in using the properties shall deposit any newsecurity required by the commission prior to resuming operations.
(5) The ad valorem tax imposed upon metalliferous mining claims and properties is apersonal obligation of the owner or operator of the affected claims or properties, and theobligations are not satisfied until paid in full. If a mining claim or property is sold at the tax saleunder Part 13 of this chapter, the sale does not extinguish the personal obligation of the owner oroperator of the claim or property. The personal obligation continues to exist against the owner oroperator of the claim or property until paid or otherwise satisfied. Other real or personal propertyof the owner or operator may be seized or sold to satisfy the personal obligation. This remedy isnot exclusive but is in addition to any other remedy provided by law for the collection of thesetaxes. Nothing contained in this section abrogates existing powers of the commission or a countylegislative body to compromise or adjust the assessment of taxes.

Amended by Chapter 181, 1995 General Session