Selman v. Box Elder County

Utah Supreme Court

2011 UT 18, 251 P.3d 804

     The Office of the Property Rights Ombudsman is authorized to resolve disputes involving takings and eminent domain issues through mediation or arbitration.

     A person claiming a takings claim must posses a “protectable property interest” that is taken by a government action.  Within the context of a takings claim, the Ombudsman’s authority includes determining whether a claimant has a protectable property interest.

     When interpreting a statute or law, the goal is give effect to the legislature’s intent.  To discern legislative intent, the plain language of the statute is first evaluated.  It is presumed that the legislature used each word in the statute knowingly and advisedly, and each term is read according to its ordinary and accepted meaning.  The plain language of the statute is read as a whole, and each provision is interpreted in harmony with other statutes in the same chapter of the Utah Code.

Full Text of Selman v. Box Elder County

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