02-19 20:46 3rd Sub. (Ivory) S.B. 139
Ronald M. Winterton proposes the following substitute bill:
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Mineral Rights Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: Kay J. Christofferson
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LONG TITLE
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General Description:
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This bill modifies provisions relating to information provided on the Office of the Property
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Rights Ombudsman's website about eminent domain and mineral rights.
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Highlighted Provisions:
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This bill:
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▸ requires that information about eminent domain and mineral rights be provided on the
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Office of the Property Rights Ombudsman's website.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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13-43-203, as last amended by Laws of Utah 2018, Chapter 215
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 13-43-203 is amended to read:
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13-43-203 . Office of the Property Rights Ombudsman -- Duties.
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(1) The Office of the Property Rights Ombudsman shall:
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(a) develop and maintain expertise in and understanding of takings, eminent domain, and
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land use law;
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(b) clearly identify the specific information that is prepared for distribution to property
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owners whose land is being acquired under the provisions of Section 78B-6-505;
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(c) assist state agencies and local governments in developing the guidelines required by
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Title 63L, Chapter 4, Constitutional Takings Issues Act;
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(d) at the request of a state agency or local government, assist the state agency or local
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government, in analyzing actions with potential takings implications or other land use
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issues;
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(e) advise real property owners who:
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(i) have a legitimate potential or actual takings claim against a state or local
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government entity or have questions about takings, eminent domain, and land use
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law; or
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(ii) own a parcel of property that is landlocked, as to the owner's rights and options
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with respect to obtaining access to a public street;
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(f) identify state or local government actions that have potential takings implications
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and, if appropriate, advise those state or local government entities about those
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implications;
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(g) provide information to private citizens, civic groups, government entities, and other
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interested parties about takings, eminent domain, and land use law and their rights,
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including a right to just compensation, and responsibilities under the takings, eminent
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domain, or land use laws through seminars and publications, and by other appropriate
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means;
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(h)(i) [provide the information described in Section 78B-6-505 on the Office of the
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Property Rights Ombudsman's website in a form that is easily accessible; and]
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provide, in a form that is easily accessible, the following information on the
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Office of the Property Rights Ombudsman's website:
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(A) the information described in Section 78B-6-505;
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(B) a definition and explanation of the term, "fee simple title";
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(C) an explanation of the implications for a property owner when fee simple title
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is taken through eminent domain;
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(D) a notification that eminent domain may include taking a recorded interest held
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in real property, including a mineral right;
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(E) a notification that a property owner may be compensated for a recorded
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interest in real property, including a mineral right; and
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(F) a notification that a property owner can request a separate valuation for a
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recorded interest in real property; and
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(ii) ensure that the information described in Subsection (1)(h)(i) is current; and
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(i)(i) provide education and training regarding:
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(A) the drafting and application of land use laws and regulations; and
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(B) land use dispute resolution; and
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(ii) use any money transmitted in accordance with Subsection 15A-1-209(5) to pay
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for any expenses required to provide the education and training described in
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Subsection (1)(i)(i), including grants to a land use training organization that:
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(A) the Land Use and Eminent Domain Advisory Board, created in Section
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13-43-202, selects and proposes; and
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(B) the property rights ombudsman and the executive director of the Department
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of Commerce jointly approve.
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(2)(a) Neither the Office of the Property Rights Ombudsman nor its individual attorneys
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may represent private parties, state agencies, local governments, or any other
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individual or entity in a legal action that arises from or relates to a matter addressed
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in this chapter.
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(b) An action by an attorney employed by the Office of the Property Rights
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Ombudsman, by a neutral third party acting as mediator or arbitrator under Section
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13-43-204, or by a neutral third party rendering an advisory opinion under Section
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13-43-205 or 13-43-206, taken within the scope of the duties set forth in this chapter,
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does not create an attorney-client relationship between the Office of the Property
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Rights Ombudsman, or the office's attorneys or appointees, and an individual or
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entity.
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(3) No member of the Office of the Property Rights Ombudsman nor a neutral third party
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rendering an advisory opinion under Section 13-43-205 or 13-43-206, may be compelled
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to testify in a civil action filed concerning the subject matter of any review, mediation,
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or arbitration by, or arranged through, the office.
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(4)(a) Except as provided in Subsection (4)(b), evidence of a review by the Office of the
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Property Rights Ombudsman and the opinions, writings, findings, and determinations
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of the Office of the Property Rights Ombudsman are not admissible as evidence in a
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judicial action.
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(b) Subsection (4)(a) does not apply to:
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(i) actions brought under authority of Title 78A, Chapter 8, Small Claims Courts;
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(ii) a judicial confirmation or review of the arbitration itself as authorized in Title
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78B, Chapter 11, Utah Uniform Arbitration Act;
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(iii) actions for de novo review of an arbitration award or issue brought under the
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authority of Subsection 13-43-204(3)(a)(i); or
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(iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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