13-43-202. Land Use and Eminent Domain Advisory Board — Appointment — Compensation — Duties.
| (1) |
There is created the Land Use and Eminent Domain Advisory Board, within the Office of the Property Rights Ombudsman, consisting of the following seven members:
Terms Used In Utah Code 13-43-202
| (a) |
one individual representing special service districts, nominated by the Utah Association of Special Districts; |
| (b) |
one individual representing municipal government, nominated by the Utah League of Cities and Towns; |
| (c) |
one individual representing county government, nominated by the Utah Association of Counties; |
| (d) |
one individual representing the residential construction industry, nominated by the Utah Home Builders Association; |
| (e) |
one individual representing the real estate industry, nominated by the Utah Association of Realtors; |
| (f) |
one individual representing the land development community, jointly nominated by the Utah Association of Realtors and the Utah Home Builders Association; and |
| (g) |
one individual who:
| (i) |
is a citizen with experience in land use issues; |
| (ii) |
does not hold public office; and |
| (iii) |
is not currently employed, nor has been employed in the previous 12 months, by any of the entities or industries listed in Subsections (1)(a) through (f). |
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| (2) |
After receiving nominations, the governor shall appoint members to the board. |
| (3) |
The term of office of each member is four years, except that the governor shall appoint three of the members of the board to an initial two-year term. |
| (4) |
Each mid-term vacancy shall be filled for the unexpired term in the same manner as an appointment under Subsections (1) and (2). |
| (5) |
| (a) |
Board members shall elect a chair from their number and establish rules for the organization and operation of the board. |
| (b) |
Five members of the board constitute a quorum for the conduct of the board’s business. |
| (c) |
The affirmative vote of five members is required to constitute the decision of the board on any matter. |
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| (6) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
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| (7) |
A member need not give a bond for the performance of official duties. |
| (8) |
The Office of the Property Rights Ombudsman shall provide staff to the board. |
| (9) |
The board shall:
| (a) |
receive reports from the Office of the Property Rights Ombudsman that are requested by the board; |
| (b) |
establish rules of conduct and performance for the Office of the Property Rights Ombudsman; |
| (c) |
receive donations or contributions from any source for the Office of the Property Rights Ombudsman’s benefit; |
| (d) |
subject to any restriction placed on a donation or contribution received under Subsection (9)(c), authorize the expenditure of donations or contributions for the Office of the Property Rights Ombudsman’s benefit; |
| (e) |
receive budget recommendations from the Office of the Property Rights Ombudsman; and |
| (f) |
revise budget recommendations received under Subsection (9)(e). |
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| (10) |
The board shall maintain a resource list of qualified arbitrators and mediators who may be appointed under Section 13-43-204 and qualified persons who may be appointed to render advisory opinions under Section 13-43-205. |
Amended by Chapter 3, 2021 Special Session 1
