Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 192 (2015GS)

Sponsor

Rep. Hawkes, T.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits the Office of the Property Rights Ombudsman from representing a person in a legal action;
• provides that an action by the Office of the Property Rights Ombudsman or its associates does not create an attorney-client privilege; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

PROPERTY RIGHTS OMBUDSMAN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Timothy D. Hawkes
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill enacts language related to the Office of the Property Rights Ombudsman.
Highlighted Provisions:
This bill:
▸ prohibits the Office of the Property Rights Ombudsman from representing a person
in a legal action;
▸ provides that an action by the Office of the Property Rights Ombudsman or its
associates does not create an attorney-client privilege; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-43-203
, as last amended by Laws of Utah 2013, Chapter 327
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-43-203
 is amended to read:
13-43-203.
Office of the Property Rights Ombudsman -- Duties.
(1) (a) The Office of the Property Rights Ombudsman shall:
(i) develop and maintain expertise in and understanding of takings, eminent domain,
and land use law;
(ii) clearly identify the specific information that is prepared for distribution to property
owners whose land is being acquired under the provisions of Section 
78B-6-505
;
(iii) assist state agencies and local governments in developing the guidelines required
by Title 63L, Chapter 4, Constitutional Taking Issues 
Act
;
(iv) at the request of a state agency or local government, assist the state agency or local
government, in analyzing actions with potential takings implications or other land use issues;
(v) advise real property owners who:
(A) have a legitimate potential or actual takings claim against a state or local
government entity or have questions about takings, eminent domain, and land use law; or
(B) own a parcel of property that is landlocked, as to the owner's rights and options
with respect to obtaining access to a public street;
(vi) identify state or local government actions that have potential takings implications
and, if appropriate, advise those state or local government entities about those implications;
and
(vii) provide information to private citizens, civic groups, government entities, and
other interested parties about takings, eminent domain, and land use law and their rights,
including a right to just compensation, and responsibilities under the takings, eminent domain,
or land use laws through seminars and publications, and by other appropriate means.
(b) The Office of the Property Rights Ombudsman shall:
(i) provide the information described in Section 
78B-6-505
 on its website in a form
that is easily accessible; and
(ii) ensure that the information is current.
(2) [
The
] 
(a) Neither the
 Office of the Property Rights Ombudsman [
may not
] 
nor its
individual attorneys may
 represent private [
property owners
] 
parties
, state agencies, [
or
] local
governments [
in court or in adjudicative proceedings under Title 63G, Chapter 4,
Administrative Procedures Act
]
, or any other individual or entity in a legal action that arises
from or relates to a matter addressed in this chapter
.
(b) An action by an attorney employed by the Office of the Property Rights
Ombudsman, by a neutral third party acting as mediator or arbitrator under Section 
13-43-204
,
or by a neutral third party rendering an advisory opinion under Section 
13-43-205
 or
13-43-206
, taken within the scope of the duties set forth in this chapter, does not create an
attorney-client relationship between the Office of the Property Rights Ombudsman, or the
office's attorneys or appointees, and an individual or entity.
(3) No member of the Office of the Property Rights Ombudsman nor a neutral third
party rendering an advisory opinion under Section 
13-43-205
 or 
13-43-206
, may be compelled
to testify in a civil action filed concerning the subject matter of any review, mediation, or
arbitration by, or arranged through, the office.
(4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of
the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the
Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action.
(b) Subsection (4)(a) does not apply to:
(i) actions brought under authority of Title 78A, Chapter 8, Small Claims Courts;
(ii) a judicial confirmation or review of the arbitration itself as authorized in Title 78B,
Chapter 11, Utah Uniform Arbitration Act;
(iii) actions for de novo review of an arbitration award or issue brought under the
authority of Subsection 
13-43-204
(3)(a)(i); or
(iv) advisory opinions provided for in Sections 
13-43-205
 and 
13-43-206
.