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While government or company representatives who negotiate with property owners will try to answer questions and explain the project that is planned, they typically do not have the power to bind the government or company. If you as property owner are making any decisions, moving from your property, or taking any action based on what you are told, be sure to get promises or representations in writing, signed by someone having the authority to bind the agency or company that is acquiring your land. Oral representations or promises made during the negotiation process are typically not binding upon an agency seeking to acquire the property by eminent domain. Utah Code § 78-34-5.
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.