Utah Code § 13-43-203 Office of the Property Rights Ombudsman - Duties

• Library: Utah Statutes
• Edition: 2023
• Currency: Current through the 2023 Second Special Session
• Year: 2023
• Citation: Utah Code § 13-43-203

(1)

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

(i) develop and maintain expertise in and understanding of takings, eminent domain, and land use law;

(ii) 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;

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

(iv) 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;

(v) advise real property owners who:

(A) 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

(B) 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;

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

(vii) 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.

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

(i) provide the information described in Section 78B-6-505 on its website in a form that is easily accessible; and

(ii) ensure that the information is current.

(2) [The]

(a) Neither the Office of the Property Rights Ombudsman [may not] nor its individual attorneys may represent private [property owners] parties, state agencies, [or] local governments [in court or in adjudicative proceedings under Title 63G, Chapter 4, Administrative Procedures Act], or any other individual or entity in a legal action that arises from or relates to a matter addressed in this chapter.