{"data":{"id":"us-ut/utah-code-13-43-205","jurisdiction":"us-ut","citation":"Utah Code § 13-43-205","heading":"Advisory opinion.","body":"(1) A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206, request a written advisory opinion:\n(a) from a neutral third party to determine compliance with:\n(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, 10-20-912, and 10-20-1003;\n(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, 17-79-813, and 17-79-903; and\n(iii) Title 11, Chapter 36a, Impact Fees Act; and\n(b) at any time before:\n(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;\n(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\n(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.\n(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:\n(a) is in occupancy of the owner's property;\n(b) is occupying the property:\n(i) for a public use authorized by law; and\n(ii) without colorable legal or equitable authority; and\n(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.\n(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:\n(a) does not have a colorable claim or defense for the entity's actions; and\n(b) continued occupancy without payment of just compensation and in disregard of the advisory opinion.","path":["Title 13 Commerce and Trade","Chapter 13-43 Property Rights Ombudsman Act","Part 13-43-2 Office of the Property Rights Ombudsman"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter43/13-43-S205.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"a9f0d1ee524ea8628deec16025eb6891b71df38c5cf8e562e8cd8b2975b10531","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-43-204","next":"us-ut/utah-code-13-43-206"},"notice":"GroundRules: Original legal text. Not legal advice."}