Utah § 13-43-205 Advisory opinion.

Utah Statutes

§ 13-43-205 — Advisory opinion.

Utah·Title 13 Commerce and Trade·Ch. 13-43 Property Rights Ombudsman Act·Part 13-43-2 Office of the Property Rights Ombudsman

(1)A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206, request a written advisory opinion:

(1)(a) from a neutral third party to determine compliance with:

(1)(a)(i) Sections 10-20-506, 10-20-507, 10-20-602, 10-20-604, 10-20-605, 10-20-902, 10-20-904, 10-20-905, 10-20-910, 10-20-911, and 10-20-1003;

(1)(a)(ii) Sections 17-79-506, 17-79-507, 17-79-601, 17-79-602, 17-79-603, 17-79-803, 17-79-804, 17-79-805, 17-79-811, 17-79-812, and 17-79-903; and

(1)(a)(iii) Title 11, Chapter 36a, Impact Fees Act; and

(1)(b) at any time before:

(1)(b)(i) a final decision on a land use application by a local appeal authority under Title 11, Chapter 36a, Impact Fees Act, or Section 10-20-1108 or 17-79-1008;

(1)(b)(ii) the deadline for filing an appe

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(1) A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206, request a written advisory opinion:
(1)(a) from a neutral third party to determine compliance with:
(1)(a)(i) Sections 10-20-506, 10-20-507, 10-20-602, 10-20-604, 10-20-605, 10-20-902, 10-20-904, 10-20-905, 10-20-910, 10-20-911, and 10-20-1003;
(1)(a)(ii) Sections 17-79-506, 17-79-507, 17-79-601, 17-79-602, 17-79-603, 17-79-803, 17-79-804, 17-79-805, 17-79-811, 17-79-812, and 17-79-903; and
(1)(a)(iii) Title 11, Chapter 36a, Impact Fees Act; and
(1)(b) at any time before:
(1)(b)(i) a final decision on a land use application by a local appeal authority under Title 11, Chapter 36a, Impact Fees Act, or Section 10-20-1108 or 17-79-1008;
(1)(b)(ii) the deadline for filing an appeal with the district court under Title 11, Chapter 36a, Impact Fees Act, or Section 10-20-1109 or 17-79-1009, if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion; or
(1)(b)(iii) the enactment of an impact fee, if the request for an advisory opinion is a request to review and comment on a proposed impact fee facilities plan or a proposed impact fee analysis as defined in Section 11-36a-102.
(2) A private property owner may, in accordance with Section 13-43-206, request a written advisory opinion from a neutral third party to determine if a condemning entity:
(2)(a) is in occupancy of the owner's property;
(2)(b) is occupying the property:
(2)(b)(i) for a public use authorized by law; and
(2)(b)(ii) without colorable legal or equitable authority; and
(2)(c) continues to occupy the property without the owner's consent, the occupancy would constitute a taking of private property for a public use without just compensation.
(3) An advisory opinion issued under Subsection (2) may justify an award of attorney fees against a condemning entity in accordance with Section 13-43-206 only if the court finds that the condemning entity:
(3)(a) does not have a colorable claim or defense for the entity's actions; and
(3)(b) continued occupancy without payment of just compensation and in disregard of the advisory opinion.