 |
 |
|||||
 |
 |
 |
 |
 |
 |
|
There is no need to hire a private attorney in order to work with the Office of the Property Rights Ombudsman. The OPRO will do its best to assist property owners whether that property owner has hired an attorney or not. Some property owners find it helpful to have an attorney interact with the OPRO’s attorneys, but others choose not to incur the expense that in often involved.
The OPRO will do its best to advise and assist both property owners and governmental entities in matters of land use, eminent domain, and takings. However, it is important to note that the attorneys at the OPRO cannot represent you. The OPRO is a neutral agency, and does not represent either the property owner or the government entity. The attorneys at the OPRO are advocates for fairness and the law, rather than advocates for a party.
If you need any of the following services, you should consult a private attorney.
- You need someone to represent you in a lawsuit.
- You need to prepare legal documents.
- You need someone to argue that a certain law should be interpreted in your favor
- You need someone to attend a public meeting in your behalf
- You have questions unrelated to land use, eminent domain, or takings.
- You have a dispute with a neighbor or private party.
If you wonder whether you should consult with an attorney about any matter, even after speaking with the OPRO, the answer is yes. You need all the information that is available to you about the choices you face, and your attorney will have a perspective you should consider. This does not mean that you are obligated to retain counsel. You can decide at any time to bring your attorney into the process. The OPRO can advise you when a private attorney would be necessary or helpful.
With certain narrow exceptions, legal fees incurred by the landowner are generally not recoverable in Utah, even if you prove in court that the government entity was unfair or incorrect.
Private property owners should not hesitate to contact the OPRO with questions.
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.