Abstracts of many previously issued Advisory Opinions by the Office of the Property Rights Ombudsman are now available online. Click here to review Advisory Opinion abstracts by subject.
Summary of Bills Enacted by 2015 Utah Legislature Impacting Land Use or Eminent Domain
Summaries of the new bills enacted by the Utah Legislature in the 2015 Session that impact Land Use and Eminent Domain 2015 Bill Summaries
Boundary by Acquiescence Article Published by Ombudsman
The November/December issue of the Utah Bar Journal includes an article on Boundary by Acquiescence written by Elliot R. Lawrence, of the Office of the Property Rights Ombudsman. The Article appeared in Volume 27, Number 6 of the Utah Bar Journal. The Article is entitled “Settling Boundary Disputes Using Utah’s Boundary By Acquiescence Doctrine.” Boundary by Acquiescence Article
Noteworthy Case Holding — Mariposa Express, Inc. v. United Shipping Solutions, LLC
Utah Court of Appeals 2013 UT App 28 (Click for Full Text of Opinion) January 31, 2013 In a contract dispute case, the Utah Court of Appeals reiterated the policy that extrajudicial resolution of disputes (aka Alternative Dispute Resolution) is favored. RETURN to Welcome Page
2013 Appellate Roundup
A few 2013 cases from other states are summarized here. These cases are classified as follows: Authority to exercise eminent domain, Damaging property for a public use, Exactions and impact fees, Just compensation, Other damages and compensation, Land use regulation, and Takings. The summaries include a comparison to Utah law. These cases are presented for information only,and they may shed some …
Your Guide To Just Compensation — What You Need To Know When the Government Needs Your Property
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 …
New Case Summary — UDOT v. FPA West Point, LLC
Utah Supreme Court 2012 UT 79 (Click for Full Text of Opinion) November 20, 2012 If more than one owner holds an interest in a parcel being condemned, the condemning agency pays each owner the fair market value of each respective property interest. Those values are determined individually, and may be decided in separate proceedings. RETURN to Welcome Page
New Disclosure Materials for Condemning Agencies
In accordance with our statutory mandate, the Office of the Property Rights Ombudsman prepares and updates materials educating property owners about their rights if a condemning agency seeks to acquire some or all of their property. We have recently published new versions of these materials, titled “Your Guide to Just Compensation” on our website. All state agencies, local governments, or …
New Case Summary–Scott v. Utah County
Utah Supreme Court 2015 UT 64 August 5, 2015 Full Text of Opinion