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Utah law provides that a property owner may request arbitration to resolve his/her disputes with the Agency as it relates to the condemnation action.
Click to download Request Arbitration Form
Arbitration is a more formal proceeding than mediation. An arbitrator may make a decision that resolves the dispute like a judge would make but the process is much more informal than a court proceeding. Both you and the Agency may be represented by an attorney during arbitration. Under Utah law, an arbitration may be binding but only if both parties agree.
The Agency may prefer arbitration and suggest it. But you as property owner need not participate if you do not choose to. On the other hand, if you want to arbitrate and the Office of the Property Rights Ombudsman determines arbitration appropriate for resolution, the Agency involved is compelled to participate.
The Office of the Property Rights Ombudsman may determine that the matter is not appropriate for arbitration and allow the legal proceedings to continue or the Office may intervene in the proceedings and stay the legal action. Usually the legal process takes long enough that arbitration can be completed within the time it takes to schedule a trial.
After arbitration, either you or the Agency involved in the case may appeal the resulting decision to court. The court will rehear the evidence, and may or may not give any deference to the record established at the arbitration. An attorney from the Office of the Property Rights Ombudsman and/or your attorney will attempt to help you make the best decision from your remaining options.
These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.