Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 139 (2025GS)

Sponsor

Sen. Winterton, Ronald M.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires that information about eminent domain and mineral rights be provided on the Office of the Property Rights Ombudsman's website.

Every vote on this bill

Bill text

56
13-43-203
13-43-203
0
Mineral Rights Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: Kay J. Christofferson
LONG TITLE
General Description:
This bill modifies provisions relating to information provided on the Office of the Property 
Rights Ombudsman's website about eminent domain and mineral rights.
Highlighted Provisions:
This bill:
requires that information about eminent domain and mineral rights be provided on the 
Office of the Property Rights Ombudsman's website.
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 2018, Chapter 215
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)
The Office of the Property Rights Ombudsman shall:
(a)
develop and maintain expertise in and understanding of takings, eminent domain, and 
land use law;
(b)
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
;
(c)
assist state agencies and local governments in developing the guidelines required by 
Title 63L, Chapter 4, Constitutional Takings Issues Act
;
(d)
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;
(e)
advise real property owners who:
(i)
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
(ii)
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;
(f)
identify state or local government actions that have potential takings implications 
and, if appropriate, advise those state or local government entities about those 
implications;
(g)
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;
(h)
(i)
provide the information described in Section 
78B-6-505
 on the Office of the 
Property Rights Ombudsman's website in a form that is easily accessible; and
provide, in a form that is easily accessible, the following information on the 
Office of the Property Rights Ombudsman's website:
(A)
the information described in Section 
78B-6-505
;
(B)
an explanation of the term, "fee simple title";
(C)
an explanation of the implications for a property owner when fee simple title 
is taken through eminent domain;
(D)
an explanation that eminent domain may include taking a recorded interest 
held in real property, including a mineral right;
(E)
an explanation that a property owner may be compensated for a recorded 
interest in real property, including a mineral right; and
(F)
an explanation that a property owner can request a separate valuation for a 
recorded interest in real property; and
(ii)
ensure that the information
 described in Subsection (1)(h)(i)
 is current; and
(i)
(i)
provide education and training regarding:
(A)
the drafting and application of land use laws and regulations; and
(B)
land use dispute resolution; and
(ii)
use any money transmitted in accordance with Subsection 
15A-1-209(5)
 to pay 
for any expenses required to provide the education and training described in 
Subsection 
(1)(i)(i)
, including grants to a land use training organization that:
(A)
the Land Use and Eminent Domain Advisory Board, created in Section 
13-43-202
, selects and proposes; and
(B)
the property rights ombudsman and the executive director of the Department 
of Commerce jointly approve.
(2)
(a)
Neither the Office of the Property Rights Ombudsman nor its individual attorneys 
may represent private parties, state agencies, local governments, 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
.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 3:45 PM