Eminent Domain: Surface Access Public Lands: State Oil and Gas Leases

摘要

KFJ is the owner or lessee of some 9400 surface-acres of land. Marion leases from the State of Utah School and Institutional Trust Lands Administration (Trust) two tracts of land for the purpose of exploring for, and producing oil and gas. Due to topographical conditions, Marion cannot access its proposed well locations except by using portions of the surface lands outside of the lease boundaries. It attempts to negotiate a surface use agreement, but following KFJ's refusal, Marion and the Trust bring a condemnation action under Utah Code Ann. § 78B-6-501. At the time the condemnation action is filed, the statute authorizes eminent domain for the construction of roads in connection with the "working of mines, quarries, coal mines, or mineral deposits including minerals in solution." KFJ argues at the trial court that the statute does not cover oil and gas operations expressly and that other subsections of 6-501 do list oil and gas operations.