What You Need to Know When Someone Needs Your Land
DISCLOSURES REQUIRED BY § 78B-6-505
Your Guide to Just Compensation
Section 78B-6-505 of the Utah Code requires that condemning agencies seeking to acquire private property for public uses through eminent domain must provide the property owner a complete printed copy of the following materials:/ This document satisfies the disclosure requirement. An agency may print the file and present it to property owners. Printed copies are also available free of charge through the Ombudsman’s Office.
Please contact the Ombudsman’s Office for more information.
Subsections 78B-6-505(1)(b)(ii) and 2(b)(ii) require that condemning agencies seeking to acquire private property for public uses must provide property owners with a written statement in substantially the following form:
“Although this letter is provided as part of an attempt to negotiate with you for the sale of your property or an interest in your property without using the power of eminent domain, [NAME OF CONDEMNING AGENCY] may use that power if it is not able to acquire the property by negotiation. Because of that potential, the person negotiating on behalf of the entity is required to provide the following disclosures to you.”
1. You are Entitled to Just Compensation for Your Property.
2. You are Entitled to An Opportunity to Negotiate With the Agency Over the Amount of Compensation for Your Property Before Any Legal Action is Filed.
a. You are Entitled to an Explanation of How the Compensation Offered for Your Property was Calculated.
b. If an Appraiser is Asked to Value Your Property, You are Entitled to Accompany the Appraiser During an Inspection of the Property.
3. You are Entitled to Discuss the Matter with the Attorneys at the Office of the Property Rights Ombudsman.
4. The Office of the Property Rights Ombudsman is a Neutral State Office Staffed by Attorneys Experienced in Eminent Domain. Their Purpose is to Assist Citizens in Understanding and Protecting Their Property Rights. You are Entitled to Request an Explanation of Your Legal Options.
5. In a Dispute with a Condemning Agency, a Property Owner Has the Right to Request Free Mediation or Arbitration Through The Office of the Property Rights Ombudsman. As Part of Mediation or Arbitration, You are Entitled to Request a Free Independent Evaluation of the Property.
6. Oral Representations and Promises Made by an Agency During the Negotiation Process are Not Binding Upon the Agency Seeking to Acquire the Property by Eminent Domain.
How to Contact the Office of the Property Rights Ombudsman:
Phone Numbers, Email, and Website–
Phone (801) 530-6391
Toll Free (outside of Salt Lake County): 1-877-882-4662
Fax: (801) 530-6338
The Office of the Property Rights Ombudsman
State of Utah — Department of Commerce
PO Box 146702
Salt Lake City, Utah 84114-6702
Heber M. Wells Building
160 E. 300 South, 2nd Floor
Salt Lake City, Utah
Office Hours: 8 am to 5 pm, Monday through Friday (closed on State Holidays)