Utah § 13-43-205 Advisory opinion.

Utah Statutes

§ 13-43-205 — Advisory opinion.

Utah § 13-43-205

Title 13Commerce and Trade

Ch. 13-43Property Rights Ombudsman Act

Part 13-43-2Office of the Property Rights Ombudsman

This text of Utah § 13-43-205 (Advisory opinion.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 13-43-205 (2026).

Text

(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.