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In Utah, the Office of the Property Rights Ombudsman deals with issues concerning property rights involving takings, eminent domain, or land use law. The Office assists both private property owners and governmental entities.
The mission of the Office of the Property Rights Ombudsman is:
- To help property owners, citizens and government officials understand and protect their civic property rights.
- To encourage state and local government agencies to regulate and acquire land in a manner that is consistent with applicable statutes and constitutional law.
- To resolve property rights and land use disputes fairly, in accordance with existing law and without expensive and time-consuming litigation.
The goal of the ombudsman’s office is to provide a balance in property rights protection, so that government agencies can further the public good without placing an unfair burden on individuals, families and businesses. There are several ways the Office of the Property Rights Ombudsman can help:
- Provide information: The OPRO can answer questions, discuss the law, and review options available to solve problems
- Conciliate: The OPRO can call local or state officials to discuss a matter or potential dispute. By doing so, the OPRO will attempt to help everyone understand the perspective of the others involved, and try to find an objective resolution outside of personal feelings.
- Mediate: The OPRO can conduct a meeting with the parties (and their attorneys, if attorneys are involved) in a neutral location. By doing so, the OPRO will assist all parties to evaluate facts and issues and reach a consensus.
- Provide an Advisory Legal Opinion: The ORPO can investigate facts and research questions of law, and prepare an advisory opinion that attempts to resolve the dispute in accordance with the prevailing law.
- Arbitrate: At the request of the property owner, the Ombudsman can arrange arbitration, and order the condemning entity to participate. A neutral third party or panel of neutrals is appointed to decide the matter.
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.