Notice to Property Owners

As provided in § 78B-6-505 of the Utah Code, condemning agencies must provide property owners the following notice in writing, using substantially this form:

“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 AGENCY] 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.”

1.  You are Entitled to Just Compensation for Your Property. 

2.  You are Entitled to An Opportunity to Negotiate With the Agency Over the Amount of Compensation for Your Property Before Any Legal Action is Filed.

a.  You are Entitled to an Explanation of How the Compensation Offered for Your Property was Calculated.

b.  If an Appraiser is Asked to Value Your Property, You are Entitled to Accompany the Appraiser During an Inspection of the Property.

3. You are Entitled to Discuss the Matter with the Attorneys at the Office of the Property Rights Ombudsman.

4.  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 Request an Explanation of Your Legal Options.

5.   In a Dispute with a Condemning Agency, a Property Owner Has the Right to Request Free Mediation or Arbitration Through The Office of the Property Rights Ombudsman.  As Part of Mediation or Arbitration, You are Entitled to Request a Free Independent Evaluation of the Property.

6.  Oral Representations and Promises Made by an Agency During the Negotiation Process are Not Binding Upon the Agency Seeking to Acquire the Property by Eminent Domain.