13-43-203 - Office of the Property Rights Ombudsman -- Duties.
13-43-203. Office of the Property Rights Ombudsman -- Duties.
(1) The Office of the Property Rights Ombudsman shall:
(a) develop and maintain expertise in and understanding of takings, eminent domain, andland use law;
(b) assist state agencies and local governments in developing the guidelines required byTitle 63L, Chapter 4, Constitutional Taking Issues;
(c) at the request of a state agency or local government, assist the state agency or localgovernment, in analyzing actions with potential takings implications or other land use issues;
(d) advise real property owners who:
(i) have a legitimate potential or actual takings claim against a state or local governmententity or have questions about takings, eminent domain, and land use law; or
(ii) own a parcel of property that is landlocked, as to the owner's rights and options withrespect to obtaining access to a public street;
(e) identify state or local government actions that have potential takings implicationsand, if appropriate, advise those state or local government entities about those implications; and
(f) provide information to private citizens, civic groups, government entities, and otherinterested parties about takings, eminent domain, and land use law and their rights andresponsibilities under the takings, eminent domain, or land use laws through seminars andpublications, and by other appropriate means.
(2) The Office of the Property Rights Ombudsman may not represent private propertyowners, state agencies, or local governments in court or in adjudicative proceedings under Title63G, Chapter 4, Administrative Procedures Act.
(3) No member of the Office of the Property Rights Ombudsman nor a neutral third partyrendering an advisory opinion under Section 13-43-205 or 13-43-206, may be compelled totestify in a civil action filed concerning the subject matter of any review, mediation, or arbitrationby, or arranged through, the office.
(4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of theProperty Rights Ombudsman and the opinions, writings, findings, and determinations of theOffice of the Property Rights Ombudsman are not admissible as evidence in a judicial action.
(b) Subsection (4)(a) does not apply to:
(i) actions brought under authority of Title 78A, Chapter 8, Small Claims Courts;
(ii) a judicial confirmation or review of the arbitration itself as authorized in Title 78B,Chapter 11, Utah Uniform Arbitration Act;
(iii) actions for de novo review of an arbitration award or issue brought under theauthority of Subsection 13-43-204(3)(a)(i); or
(iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 84, 2008 General Session
Amended by Chapter 382, 2008 General Session