Utah Supreme Court Prevents Condemnation for Access to 'Mineral Rights'

SALT LAKE CITY - Utah's highest court has halted a drilling company's efforts to gain access to a proposed drilling site on land for which it holds mineral rights via an eminent domain proceeding, ruling that the 2008 statute relied on by drillers is ambiguous and must be construed against the condemnation. Marion Energy Inc., et al. v. KFJ Ranch Partnership, No. 200090796 (Utah Sup. Ct.).

The high court said in a 4-1 decision July 12 that the statute relied on by Marion Energy Inc. offered conflicting definitions of "mineral rights," and given such ambiguity the court must rule against …