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The Office of the Property Rights Ombudsman was created to advise land owners of their rights involving takings, eminent domain, or land use law, and to advise state and local governments regarding the implications of their actions upon private property owners. (See Utah Code §13-43-203). Accordingly, the office is primarily concerned with matters between a government entity and private citizens. (How can the Ombudsman Office Help Me)
The Office of the Property Rights Ombudsman does not normally get involved in disputes between private property owners. In such matters, property owners are advised to obtain private legal counsel. (See Do I Need An Attorney)
Certain exceptions to this general rule exist. For example, under certain circumstances, a private, non-governmental entity (such as a mining or utility company) may exercise the power of eminent domain, and condemn the land of a private citizen. (See Who May Exercise Eminent Domain) In such circumstances, the private condemning entity must follow the same rules and procedures as would apply to the government. (See Just Compensation)
In addition, neighbors frequently involve themselves in the land use and development approval process. For example, neighbors may protest an application to build a large retail center, or may desire to change certain details of a high density subdivision application in their community. Although the Office of the Property Rights Ombudsman may be unable to get directly involved between neighbors, the Office will assist the Government entity with issues regarding neighbor protests and public clamor. (Rights to Protest)
Private property owners should not hesitate to contact the OPRO with questions, no matter what their nature. The attorneys at the OPRO will inform you at that time how they can best assist you.
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.