Resources For Takings Issues

What resources are available to me? What is the Office of the Property Rights Ombudsman?

When it comes to property rights issues, the private property owner has certain rights. These rights include seeking assistance from attorneys or a property rights ombudsman. In some states, the state legislature has created an office of help defend property rights and educate the public on what property rights are. In the State of Utah, the state legislature has enacted the Property Rights Ombudsman Act in 2006, which created the Office of the Property Rights Ombudsman. The Property Rights Ombudsman in Utah is a neutral party that offers assistance to the public on issues related to property rights cases that involve public/government entities. The office was created to help those property owners with property rights issues including takings issues. It helps to educate the public on the proper process of eminent domain, just compensation, and how to work with government entities during this process to ensure they are being treated fairly. In some cases, the ombudsman can also assist the government agency and the property owner reach a settlement by providing arbitration or mediation. Any property owner may contact the ombudsman to receive an advisory opinion if they believe a government agency is taking their property without providing just compensation. The property rights ombudsman does not represent any individual party but instead provides opinions and mediation to those dealing with property rights issues (State of Utah Office of the Property Rights Ombudsman, About the Ombudsman, n.d.).

I contacted the Utah Office of the Property Rights Ombudsman to ask them questions about the office and its services and received an enthusiastic response from the office. I spoke with the lead attorney at the office, Jordan Cullimore, he was extremely helpful and passionate about the work of his office. I was incredibly impressed to learn how easy he was to talk to and how insistent he was that I contact his office with any property rights questions. This office truly exists to assist the public. Their service is free, so there is no risk to simply contact them with questions. If you live in a state like Utah which is lucky enough to have this office, please utilize it. I work in land development and have one project in Wyoming. The city where this project exists has expressed to my client that they will simply deny any application we submit to them. Unfortunately, Wyoming has no property rights ombudsman to speak with and provide mediation. The property rights ombudsman is possibly one of the best tools land development professionals can have available to them.

Notes:

1. This article is part of a greater analysis, that analysis can be found in it's entirety here.

2. Disclaimer: The author of this article is NOT an attorney. The information provided in this document is provided for educational purposes only and is NOT considered legal advice.

References

B.A.M. Development, LLC v. Salt Lake County (“BAM III”), 2012 UT 26, 282 P.3d 41. http://www.utcourts.gov/opinions/supopin/BAM1226050412.pdf

Cornish Town v. Koller, 817 P.2d 305 (Utah 1991). https://utahpropertyrights.files.wordpress.com/2014/02/cornish.pdf

Dolan v. City of Tigard, 512 U.S. 374 (1994). https://utahpropertyrights.files.wordpress.com/2012/12/dolannew13.pdf

First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987). https://utahpropertyrights.files.wordpress.com/2012/12/first-englishnew13.pdf

Johnson, D. R. J. (2007). Reflections on the Bundle of Rights. Vermont Law Review. https://lawreview.vermontlaw.edu/wp-content/uploads/2012/02/johnson2.pdf

Madison, J. M. (1792, March 27). For the National Gazette, 27 March 1792. Founders Online. https://founders.archives.gov/documents/Madison/01-14-02-0238

Municipal Land Use, Development, and Management Act, Utah Municipal Code § 10-9a (2005). https://le.utah.gov/xcode/Title10/Chapter9A/C10-9a_1800010118000101.pdf

Nollan v. California Coastal Commission, 483 U.S. 825, 107 S.Ct. 3141 (1987). https://utahpropertyrights.files.wordpress.com/2012/12/nollannew13.pdf

Pilon, R. P. (n.d.). Cato Handbook for Policymakers: 16. Property Rights and the Constitution. Cato Institute. Retrieved April 13, 2021, from https://www.cato.org/sites/cato.org/files/serials/files/cato-handbook-policymakers/2017/2/cato-handbook-for-policymakers-8th-edition-16_0.pdf?queryID=undefined

State of Utah Office of the Property Rights Ombudsman. (n.d.-a). About the Ombudsman. Retrieved April 13, 2021, from https://propertyrights.utah.gov/about/

State of Utah Office of the Property Rights Ombudsman. (n.d.-b). Application Review Fees. Retrieved April 13, 2021, from https://propertyrights.utah.gov/advisory-opinion-topics-explained/p-application-review-fees-2/

State of Utah Office of the Property Rights Ombudsman. (n.d.-c). Exactions. Retrieved April 13, 2021, from https://propertyrights.utah.gov/exactions/

State of Utah Office of the Property Rights Ombudsman. (n.d.-d). Impact Fees. Retrieved April 13, 2021, from https://propertyrights.utah.gov/impact-fees/

State of Utah Office of the Property Rights Ombudsman. (n.d.-e). Just Compensation. Retrieved April 13, 2021, from https://propertyrights.utah.gov/just-compensation/

State of Utah Office of the Property Rights Ombudsman. (n.d.-f). Takings. Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-takings-clause/#:~:text=A%20Regulatory%20Taking%20occurs%20when,taken%20possession%20of%20the%20property.&text=Claims%20of%20regulatory%20takings%20are,case%2Dby%2Dcase%20basis

State of Utah Office of the Property Rights Ombudsman. (n.d.-g). Takings and Eminent Domain. Retrieved April 13, 2021, from https://propertyrights.utah.gov/takings-and-eminent-domain/

State of Utah Office of the Property Rights Ombudsman. (n.d.-h). Temporary Land Use Regulation (Moratorium). Retrieved April 13, 2021, from https://propertyrights.utah.gov/temporary-zoning-ordinance-i-e-moratorium/

State of Utah Office of the Property Rights Ombudsman. (n.d.-i). The Constitutional Takings Issues Act. Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-constitutional-takings-issues-act/

State of Utah Office of the Property Rights Ombudsman. (n.d.-j). The Land Use, Development, and Management Act (LUDMA). Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-land-use-development-and-management-act-ludma/

State of Utah Office of the Property Rights Ombudsman. (n.d.-k). The Private Property Protection Act. Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-private-property-protection-act/

State of Utah Office of the Property Rights Ombudsman. (n.d.-l). Vested Rights. Retrieved April 13, 2021, from https://propertyrights.utah.gov/vested-rights/

State of Utah Office of the Property Rights Ombudsman. (2018, February). Your Guide to Just Compensation. https://site.utah.gov/propertyrights/wp-content/uploads/sites/3/2018/02/Just-Comp-2018.pdf

U.S. Const. amend. V. https://www.archives.gov/founding-docs/bill-of-rights-transcript

U.S. Const. amend. XIV. § 1. https://www.archives.gov/founding-docs/amendments-11-27

Utah Judicial Code, Eminent Domain § 78B-6-501 (2020). https://le.utah.gov/xcode/Title78B/Chapter6/C78B-6-S501_2020051220200512.pdf