AAPL Opposes Utah Senate Bill 80

January 28, 2022    

Sen. Ronald Winterton
Utah Senate
P.O. Box 523
Roosevelt, UT 84066
Email: rwinterton@le.utah.gov

House Speaker Brad Wilson
Utah House of Representatives
350 N State St., Suite 350
Salt Lake City, UT 84114
Email: bradwilson@le.utah.gov 

House Majority Leader Mike Schultz
Utah House of Representatives
4904 W 5850 S
Hooper, UT 84315
Email: mikeschultz@le.utah.gov 

House Majority Whip Jefferson Moss
Utah House of Representatives
1668 N Aspen Cir., 
Saratoga Springs, UT 84045
Email: jeffersonmoss@le.utah.gov 
 
Rep. A. Cory Maloy
Chairman
House Government Operations Committee
Utah House of Representatives
283 E 500 N
Lehi, UT 84043
Email: corymaloy@le.utah.gov 

Dear Sen. Winterton and House Members:

On behalf of the over 11,400-member American Association of Professional Landmen (AAPL) and our 41 affiliated local associations across North America, I am writing to you to express our strong opposition to Senate Bill 80 (SB 80) which seeks to amend established real property recording procedures in your state and would adversely affect our membership. While we are grateful for the Utah State Legislature’s longstanding support of our profession and the traditional energy industry, this legislation will impose unintended consequences on the energy industry as a whole, and particularly AAPL members who are specifically concerned about the burdens and costs this legislation will impose on their business operations and ability to conduct recording practices within your state.  

1.    As per the language in SB 80, legal descriptions will need to specifically state what part of the section is covered by this conveyance, whereas under the current statute, simply referencing the section would suffice. As such, this bill would result in lengthier documents and/or exhibits which will significantly raise the recording cost of these conveyances.

2.    As per the language in SB 80, all conveyed interests will need to be specified in each conveyance and county-wide blanket conveyances (or those with Mother Hubbard language) will not qualify for filing creating an untenable recording situation, for both our members who work within the State of Utah as well as private landowners.

While we call upon you to withdraw SB 80 from consideration due to the above noted issues harming our members, at the least, we ask that the bill language would at the very least provide an exception for blanket conveyances. Above all, we welcome the opportunity for further discussions regarding SB 80 and how we might all come to a workable solution that satisfies all interests without burdening land professionals in Utah. 

Respectfully,

James T. Devlin, CPL
President
American Association of Professional Landmen