Land Use and Eminent Domain Advisory Board -- Appointment -- Compensation -- Duties.

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  6. Land Use and Eminent Domain Advisory Board -- Appointment -- Compensation -- Duties.

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Affected by 63I-1-213 on 7/1/2026

Effective 5/28/2021
13-43-202. Land Use and Eminent Domain Advisory Board -- Appointment -- Compensation -- Duties.
  • (1) There is created the Land Use and Eminent Domain Advisory Board, within the Office of the Property Rights Ombudsman, consisting of the following seven members:
    • (a) one individual representing special service districts, nominated by the Utah Association of Special Districts;
    • (b) one individual representing municipal government, nominated by the Utah League of Cities and Towns;
    • (c) one individual representing county government, nominated by the Utah Association of Counties;
    • (d) one individual representing the residential construction industry, nominated by the Utah Home Builders Association;
    • (e) one individual representing the real estate industry, nominated by the Utah Association of Realtors;
    • (f) one individual representing the land development community, jointly nominated by the Utah Association of Realtors and the Utah Home Builders Association; and
    • (g) one individual who:
      • (i) is a citizen with experience in land use issues;
      • (ii) does not hold public office; and
      • (iii) is not currently employed, nor has been employed in the previous 12 months, by any of the entities or industries listed in Subsections (1)(a) through (f).
  • (2) After receiving nominations, the governor shall appoint members to the board.
  • (3) The term of office of each member is four years, except that the governor shall appoint three of the members of the board to an initial two-year term.
  • (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as an appointment under Subsections (1) and (2).
  • (5)
    • (a) Board members shall elect a chair from their number and establish rules for the organization and operation of the board.
    • (b) Five members of the board constitute a quorum for the conduct of the board's business.
    • (c) The affirmative vote of five members is required to constitute the decision of the board on any matter.
  • (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
    • (a) Section 63A-3-106;
    • (b) Section 63A-3-107; and
    • (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
  • (7) A member need not give a bond for the performance of official duties.
  • (8) The Office of the Property Rights Ombudsman shall provide staff to the board.
  • (9) The board shall:
    • (a) receive reports from the Office of the Property Rights Ombudsman that are requested by the board;
    • (b) establish rules of conduct and performance for the Office of the Property Rights Ombudsman;
    • (c) receive donations or contributions from any source for the Office of the Property Rights Ombudsman's benefit;
    • (d) subject to any restriction placed on a donation or contribution received under Subsection (9)(c), authorize the expenditure of donations or contributions for the Office of the Property Rights Ombudsman's benefit;
    • (e) receive budget recommendations from the Office of the Property Rights Ombudsman; and
    • (f) revise budget recommendations received under Subsection (9)(e).
  • (10) The board shall maintain a resource list of qualified arbitrators and mediators who may be appointed under Section 13-43-204 and qualified persons who may be appointed to render advisory opinions under Section 13-43-205.




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