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Advisory Opinions Abstract Database

When requested to do so by a party, the Office of the Property Rights Ombudsman issues Advisory Opinions under Utah Code §13-43-205.  Abstract summaries of Advisory Opinions issued by the Office are available by clicking one of the links below. Copies of the full Advisory Opinions are available. If you would like to receive a full copy of any Advisory Opinion, please complete and submit a GRAMA request form.

This database consists of abstracts, or summaries, of each Advisory Opinion issued by the Office of the Property Rights Ombudsman. Each abstract includes a brief statement of the factual situation, and a summary of the legal analysis of the opinion. The Ombudsmans Office may prepare Advisory Opinions on several topics, as provided in § 13-43-205 of the Utah Code. The abstracts are arranged according to 15 topics, in order to make them more accessible to readers.

Advisory Opinions analyze specific fact situations, and should be read as informational and advisory. Advisory Opinions do not have precedential value, and do not control other situations. Readers should bear in mind that the unique facts behind each Opinion are critical to the conclusion. Although the opinions apply general legal principles, readers should remember that that each situation is unique, and a variety of factors, both legal and factual, affect the analysis. A different outcome may be justified, even in similar factual situations.

The Office of the Property Rights Ombudsman makes every effort to ensure that the legal analysis of each Advisory Opinion is based on current statutes and cases. Over time, laws change and new cases provide new interpretations of existing laws which impact the analysis of an Advisory Opinion. Readers should be advised that the opinions provide general guidance and information on constitutional protections of private property, but specific questions should be directed to an attorney to be analyzed according to current laws.

Advisory Opinions are organized by topic.  Click on the topic below to access abstract summaries with relevance to that topic.

Click here to list all Advisory Opinions.

  1. Impact Fees   (Utah Code §§ 11-36-101 et seq.)
  2. Conditional Uses   (Utah Code § 10-9a-507 and § 17-27a-506)
  3. Exactions on development   (Utah Code § 10-9a-508 and § 17-27a-507)
  4. Entitlement to application approval (Vesting)   (Utah Code § 10-9a-509(1) and § 17-27a-508(1))
  5. Compelling countervailing public interests   (Utah Code § 10-9a-509(1) and § 17-27a-508(1))
  6. Pending ordinances (Moratoria)   (Utah Code § 10-9a-509(1) and § 17-27a-508(1))
  7. Requirements imposed upon Development   (Utah Code § 10-9a-509(1) and § 17-27a-508(1))
  8. Compliance with mandatory land use ordinances   (Utah Code § 10-9a-509(2) and § 17-27a-508(2))
  9. Review for application completeness   (Utah Code § 10-9a-509.5(1) and § 17-27a-508.5(1))
  10. Substantive review of application   (Utah Code § 10-9a-509.5(2) and § 17-27a-508.5(1))
  11. Review of warranty work for completion   (Utah Code § 10-9a-509.5(3) and § 17-27a-508.5(3))
  12. Transfer of development rights   (Utah Code § 10-9a-509.7 and § 17-27a-508.7)
  13. Review Fees   (Utah Code § 10-9a-510 and § 17-27a-509)
  14. Nonconforming uses and noncomplying structures   (Utah Code § 10-9a-511 and § 17-27a-510)
  15. Other Topics
    1. Temporary land use ordinances
    2. Subdivision plat approval
    3. Waiver of conditions
    4. Lot Line Adjustment within a Subdivision
    5. Interpretation of Ordinances
    6. Easements
    7. Development Bonds
    8. Appealing Land Use Decisions
    9. Reasonable Time for Review of an Application

 

 

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.