13-43-203.  Office of the Property Rights Ombudsman — Duties.

(1)  The Office of the Property Rights Ombudsman shall:

Terms Used In Utah Code 13-43-203

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Land: includes :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  develop and maintain expertise in and understanding of takings, eminent domain, and land use law;

(b)  clearly identify the specific information that is prepared for distribution to property owners whose land is being acquired under the provisions of Section 78B-6-505;

(c)  assist state agencies and local governments in developing the guidelines required by Title 63L, Chapter 4, Constitutional Takings Issues Act;

(d)  at the request of a state agency or local government, assist the state agency or local government, in analyzing actions with potential takings implications or other land use issues;

(e)  advise real property owners who:

(i)  have a legitimate potential or actual takings claim against a state or local government entity or have questions about takings, eminent domain, and land use law; or

(ii)  own a parcel of property that is landlocked, as to the owner’s rights and options with respect to obtaining access to a public street;

(f)  identify state or local government actions that have potential takings implications and, if appropriate, advise those state or local government entities about those implications;

(g)  provide information to private citizens, civic groups, government entities, and other interested parties about takings, eminent domain, and land use law and their rights, including a right to just compensation, and responsibilities under the takings, eminent domain, or land use laws through seminars and publications, and by other appropriate means;

(h) 

(i)  provide the information described in Section 78B-6-505 on the Office of the Property Rights Ombudsman’s website in a form that is easily accessible; and

(ii)  ensure that the information is current; and

(i) 

(i)  provide education and training regarding:

(A)  the drafting and application of land use laws and regulations; and

(B)  land use dispute resolution; and

(ii)  use any money transmitted in accordance with Subsection 15A-1-209(5) to pay for any expenses required to provide the education and training described in Subsection (1)(i)(i), including grants to a land use training organization that:

(A)  the Land Use and Eminent Domain Advisory Board, created in Section 13-43-202, selects and proposes; and

(B)  the property rights ombudsman and the executive director of the Department of Commerce jointly approve.

(2) 

(a)  Neither the Office of the Property Rights Ombudsman nor its individual attorneys may represent private parties, state agencies, local governments, or any other individual or entity in a legal action that arises from or relates to a matter addressed in this chapter.

(b)  An action by an attorney employed by the Office of the Property Rights Ombudsman, by a neutral third party acting as mediator or arbitrator under Section 13-43-204, or by a neutral third party rendering an advisory opinion under Section 13-43-205 or 13-43-206, taken within the scope of the duties set forth in this chapter, does not create an attorney-client relationship between the Office of the Property Rights Ombudsman, or the office’s attorneys or appointees, and an individual or entity.

(3)  No member of the Office of the Property Rights Ombudsman nor a neutral third party rendering an advisory opinion under Section 13-43-205 or 13-43-206, may be compelled to testify in a civil action filed concerning the subject matter of any review, mediation, or arbitration by, or arranged through, the office.

(4) 

(a)  Except as provided in Subsection (4)(b), evidence of a review by the Office of the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action.

(b)  Subsection (4)(a) does not apply to:

(i)  actions brought under authority of Title 78A, Chapter 8, Small Claims Courts;

(ii)  a judicial confirmation or review of the arbitration itself as authorized in Title 78B, Chapter 11, Utah Uniform Arbitration Act;

(iii)  actions for de novo review of an arbitration award or issue brought under the authority of Subsection 13-43-204(3)(a)(i); or

(iv)  advisory opinions provided for in Sections 13-43-205 and 13-43-206.

Amended by Chapter 215, 2018 General Session

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