Home/Search ResultsLand Use Appeals and Appeal AuthoritiesNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.May a Land Use Decision be Appealed?A land use decision may generally be appealed. In most cases, neighboring property owners and other affected persons also have the …
Just Compensation
Home/Search ResultsJust CompensationNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What is Meant by Just Compensation?A property owner is entitled to be compensated for any property which is taken for a public use. Just Compensation is satisfied when the property owner …
Impact Fees
Home/Search ResultsImpact FeesNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What are Impact Fees?An impact fee is a one-time charge imposed by local governments to mitigate the impact on local infrastructure caused by new development. Growth in the form of new …
Easements
Home/Search ResultsEasementsNOTE: This summary is very simplified, and is provided for informational purposes. If you have questions on this topic in relation to a dispute with a local government or condemning entity, or questions on accessing a landlocked parcel, please contact The Office of the Property Rights Ombudsman. If you need legal advice in a private civil matter, you are …
Adverse Possession
Home/Search ResultsAdverse PossessionNOTE: This summary is very simplified, and is provided for informational purposes. If you have questions on this topic in relation to a dispute with a local government or condemning entity, please contact The Office of the Property Rights Ombudsman. If you need legal advice in a private civil matter, you are encouraged to seek out a licensed …
Access Rights
Home/Search ResultsAccess RightsNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What are Access Rights?Access usually refers to access from a public road, and may include both pedestrian and vehicle access. Property owners need access to and from a public road. Property …
About Mediation and Arbitration
Home/Search ResultsAbout Mediation and ArbitrationFrequently Asked QuestionsThe Office of the Property Rights Ombudsman provides free mediation and arbitration services to property owners whose property rights are being taken. If you would like to request mediation or arbitration, please fill out and send in the “Request for Mediation or Arbitration” form found at the “Submit a Request” dropdown at the top …
About Advisory Opinions
Home/Search ResultsAbout Advisory OpinionsAs a means of resolving land use disputes, the Office of the Property Rights Ombudsman is authorized to issue Advisory Opinions, or written legal analyses of land use questions. An Advisory Opinion thoroughly evaluates the facts, and reaches a legal conclusion based on an application of existing laws. Please contact the Ombudsman Office for more information about …
Hansen v. Kurry Jensen Properties
Utah Court of Appeals 2021 UT App 54 (Click for full text) The Utah Court of Appeals affirmed the district court’s decision regarding a residential boundary line which had been acquired by acquiescence. Background. The Jensen property and the Hansen property share a deeded boundary line running north and south. In 1977 and 1983 — respectively — former owners of …
Pinder v. Duchesne Cnty Sheriff
Utah Supreme Court 2020 UT 68 (October 22, 2020) The Utah Supreme Court upheld the dismissal of claims for inverse condemnation as barred by the statute of limitations. Background: Over 20 years ago, Duchesne County law enforcement seized property–including vehicles, guns, family photographs, and ammunition–belonging to Pinders, the appellants, as part of a murder investigation of their son. Most of …
