February 9, 2026
As required by § 13-43-203 of the Utah Code, the Office of the Property Rights Ombudsman has prepared the following information for property owners whose land is being acquired. Please feel free to contact the Ombudsman Office for more information.
Government agencies are authorized to acquire privately-owned property for public uses, provided the owner of the property is compensated. It is sometimes necessary for a government agency to acquire property, so that the agency can carry out its functions and promote the public welfare. If private property is acquried for a public use, the owner of the property must be paid for the property.
“Your Guide to Just Compensation”
The Office of the Property Rights Ombudsman has prepared a booklet which helps explain the eminent domain process, and a property owner’s right to compensation. It is available at the Ombudsman’s Office, or through the link listed below.
IF AN AGENCY HAS CONTACTED YOU ABOUT ACQUIRING YOUR PROPERTY, PLEASE BE ADVISED OF THE FOLLOWING:
1. You Are Entitled to Compensation for Your Property
If private property is acquired for a public use, both the Federal and State Constitutions require that the owner be paid just compensation for the property.
The Fifth Amendment to the U.S. Constitution states in part: “nor shall private property be taken, without just compensation.” — U.S. Constitution, Amendment V
The Utah Constitution provides similar protection: “Private property shall not be taken or damaged without payment of just compensation.”– Utah Constitution, Article I, § 22
Just Compensation is based on the fair market value of the property, and may include payment for other related damages. See “Just Compenation” under the “Find the Law” section, or “Takings and Eminent Domain” for more information about your rights to compensation.
2. You Are Entitled to Assistance Through the Office of the Property Rights Ombudsman
The Office of the Property Rights Ombudsman has been established as an independent and neutral office to help property owners understand their rights, and also to encourage settlement of eminent domain disputes through mediation or arbitration. There is no charge for this service.
See “About the Ombudsman” or “About Mediation and Arbitration” for more information.
You may contact the Ombudsman’s Office at (801) 530-6391, Toll Free (outside of Salt Lake County) at 1-877-882-4662, or via email at [email protected]
3. Oral Representations or Promises are Not Binding on the Condemning Agency
During negotiations, representatives of the condemning agency may provide explanations or make representations that are not binding. Like any real estate transaction, the final settlement in an eminent domain action must be in writing, and signed by the agency. Before any important decisions are made based on an offer from a condemning agency, a property owner should make sure that all representations and promises are in writing, and signed by a person authorized to act for the condemning agency. The Office of the Property Rights Ombudsman may help property owners understand settlement offers.
