The Office of the Property Rights Ombudsman is committed to make legal information accessible to all citizens, property owners, and government officials. It is hoped that this Section fulfills that committment, by providing the following information relevant to Property Rights, Takings, and Land Use Law:
♦ Links to the US Constitution, Utah Constitution, and Utah Code
♦ Summaries of Important Appellate Decisions
♦ Brief Explanations of several relevant Legal Topics
US Constitution, Utah Constitution, and Utah Code
The Utah Code and Constitution may easily be researched through these links:
Utah Code and Constitution–Database maintained by the Utah Legislature.
Searchable Database of the Utah Code–This link is also from the Utah Legislature.
State of Utah Official Website
Links to Chapters and Sections of the Utah Code which concern Takings, Eminent Domain, or Land Use Regulation:
- Title 10, Chapter 9a, The Municipal Land Use, Development, and Management Act (MLUDMA).
- Title 11, Chapter 36a, The Impact Fees Act.
- Title 13, Chapter 43, The Property Rights Ombudsman Act.
- Title 17, Chapter 27a, The County Land Use, Development, and Management Act (CLUDMA).
- TItle 52, Chapter 4, The Open and Public Meetings Act
- Title 57, Chapter 12, The Utah Relocation Assistance Act
- Title 63L, Chapter 3, The Private Property Protection Act.
- Title 63L, Chapter 4, The Constitutional Takings Issues Act.
- Section 78B-6-501, Uses for Which Eminent Domain May be Exercised.
- Section 78B-76-511, How Just Compensation is Assessed.
The Utah Code consists of more than 80 Titles, each focusing on a specific topic. The Titles listed below include most of the provisions pertaining to Government Operations, Takings, and Land Use Regulation.
- Title 10–Utah Municipal Code (Cities)
- Title 11–Cities, Counties, and Local Taxing Units
- Title 15A–State Construction and Fire Codes
- Title 17–Counties
- Title 17B–Limited Purpose Local Government Entities – Local Districts
- Title 17C–Limited Purpose Local Government Entities – Community Development and Renewal Agencies Act
- Title 17D–Limited Purpose Local Government Entities – Other Entities
- Title 63A–Utah Administrative Services Code
- Chapter 63A-12–Public Records Management Act (GRAMA)
- Title 63G–General Government (State Government)
- Title 72–Transportation Code
- Title 73–Water and Irrigation
- Title 78B–Judicial Code (Eminent Domain Provisions, §§ 78B-6-501 to -522)
Link to Appellate Decisions
ABOUT APPELLATE DECISIONS: The legal conclusions from a few decisons from the U.S. Supreme Court, the Utah Supreme Court, and the Utah Court of Appeals relevant to Property Takings, Eminent Domain, and Land Use Regulation are summarized here. The factual background of the cases is not included, but only the signficant legal conclusions. Where available, the summary also includes a link to the full text of the decision.
Link to Legal Topics
ABOUT LEGAL TOPICS: Summary explanations of common legal topics focusing on Property Takings, Eminent Domain, and Land Use Regulation are found in this section. These summaries are very simplified and provide basic information only. Any questions should be directed to The Office of the Property Rights Ombudsman. The topics include links to cases relevant to the topic, where such cases are available.
