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Utah law provides that a property owner may request mediation to resolve his/her disputes with the Agency as it relates to the condemnation action.
Click to download Request Mediation Form
The Agency may prefer mediation 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 mediate or and the Office of the Property Rights Ombudsman determines it to be appropriate, the Agency involved is compelled to participate.
Mediation is a negotiation that involves a neutral third party who works with you and the Agency to arrive at a settlement that both parties agree is fair. Both you and the Agency may be represented by an attorney during mediation. Each party remains in control of the outcome. The mediation proceedings may take place in our Office or at a different location.
The Office may intervene in the legal proceedings and stay the legal action while mediation is pending. There are also times when the Office may determine that the matter is not ready or appropriate for mediation and allow the legal proceedings to continue.
If the parties are not able to reach a settlement of the issues, you may also request arbitration. Please read the summary on arbitration.
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.