Notice to Property Owners
As provided in Utah Code § 78B-6-505 , condemning agencies must provide a written statement to the appropriate parties, using substantially the following forms:
Disclosures for "fee simple owners" (defined to mean the owner of a fee simple interest in real property, not including a tenant, lienholder, or other claimant of an interest in real property):
“Although this letter is provided as part of an attempt to negotiate with you for the sale of your property or an interest in your property without using the power of eminent domain, [NAME OF CONDEMNING ENTITY] may use that power if it is not able to acquire the property by negotiation. Because of that potential, the person negotiating on behalf of the entity is required to provide the following disclosures to you.
- You are entitled to receive just compensation for your property.
- You are entitled to an opportunity to negotiate with [NAME OF CONDEMNING ENTITY] over the amount of just compensation before any legal action will be filed.
- You are entitled to an explanation of how the compensation offered for your property was calculated.
- If an appraiser is asked to value your property, you are entitled to accompany the appraiser during an inspection of the property.
- You are entitled to discuss this case with the attorneys at the Office of the Property Rights Ombudsman. The office may be reached at [provide the current contact information for the Office of the Property Rights Ombudsman].
- The Office of the Property Rights Ombudsman is a neutral state office staffed by attorneys experienced in eminent domain. Their purpose is to assist citizens in understanding and protecting their property rights. You are entitled to ask questions and request an explanation of your legal options.
- If you have a dispute with [NAME OF ENTITY] over the amount of just compensation due to you, you are entitled to request free mediation or arbitration of the dispute from the Office of the Property Rights Ombudsman. As part of mediation or arbitration, you are entitled to request a free independent valuation of the property.
- Oral representations or promises made during the negotiation process are not binding upon the entity seeking to acquire the property by eminent domain."
Disclosures for each "Claimant" (defined to mean a person who is a record interest holder of real property sought to be condemned, not including a fee simple owner or a utility subject to Utah Code § 72-6-116):
- Your interest in property may be impacted by a public improvement project and you may be entitled to receive just compensation.
- You are entitled to discuss this case with the attorneys at the Office of the Property Rights Ombudsman. The office may be reached at [provide the current contact information for the Office of the Property Rights Ombudsman].
- The Office of the Property Rights Ombudsman is a neutral state office staffed by attorneys experienced in eminent domain. Their purpose is to assist citizens in understanding and protecting their property rights. You are entitled to ask questions and request an explanation of your legal options.
- If you have a dispute with [NAME OF ENTITY] over the amount of just compensation due to you, you are entitled to request free mediation or arbitration of the dispute from the Office of the Property Rights Ombudsman. As part of mediation or arbitration, you are entitled to request a free independent valuation of the property.
- Oral representations or promises made during the negotiation process are not binding upon the entity seeking to acquire the property by eminent domain."