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House passes Surface Owner Protection Act to clarify compensation, balance property rights
Summary
Senate Bill 77, the Surface Owner Protection Act, passed the Utah House 72–0 after sponsors described a multi-year effort to balance mineral rights and surface-owner protections, clarifying access rights and compensation for unreasonable crop loss while stating the bill does not change mineral-estate dominance.
Representative Mathis presented Senate Bill 77, describing five years of work on a compromise to clarify the rights of private surface owners and operators when mineral-estate activities affect crops and property. Mathis told colleagues the bill "clarifies that operators have reasonable access to the surface, while providing protections for the surface owners, and it requires compensation to the surface owners for unreasonable crop loss or damage." He emphasized the bill is narrow and intended only for oil and gas development where the mineral estate has been severed from the surface estate on private property.
Supporters commended the long negotiation among oil, gas and agricultural stakeholders. Representative Mathis asked that intent language be placed on the pages of the House Journal to underscore that the legislation applies only to severed mineral estates in private property and not to other mining operations; the House approved placement of the intent language. The bill passed the House on third reading 72–0 and will be returned to the Senate for the President's signature.
The sponsor submitted intent language for the journal specifying narrow application to oil and gas where mineral estates have been severed and asking courts to construe the measure narrowly.
