Generally speaking, however, all courts that have considered the matter not only allow a vested use to continue without the need to obtain a permit, but also in some cases allow the use dramatically expand to meet modern market demands. Knowing how these rules work is critical for current operators of vested operations. It is also critical for companies that may be considering acquiring a vested operation and who need to understand just what it is they are buying. A vested mining right is a constitutionally protected property right to continue operating in a certain location and in a certain way without being required to conform to all current land use restrictions. The use of the land, not its ownership, at the time the use becomes nonconforming determines the right to continue the use.
Vested rights are obviously important for owners and operators of vested, nonconforming operations.
Further, they are also important for companies who are considering purchasing or leasing such operations. Owners and operators who are doing business under older, open-ended use permits also can benefit from the rules protecting vested mining operations. Knowing your legal rights as they relate to a vested mining operation is extremely important because, in every state, nonconforming uses of all kinds are disfavored by the law and by planning agencies. When asserting your rights to continue or expand a vested operation, you must prepare to establish your case forcefully based upon a thorough knowledge of the special legal that have developed to protect such uses. Land use agencies will often argue that a use permit is required when a vested operation seeks to expand operations into areas of the mine property not previously mined.