House approves moving Property Rights Ombudsman to Commerce, adds staff and advisory board

The Utah House on Feb. 27 approved First Substitute Senate Bill 268 to transfer the Office of the Private Property Rights Ombudsman from the Department of Natural Resources to the Department of Commerce, expand its staff and establish an advisory board.

Sponsor Representative Snow told the chamber the change responds to a request from the Department of Natural Resources and would provide the ombudsman with more staff and administrative support. "The department has asked that we move it to the Department of Commerce," Snow said, and "I believe the advisory board will only be helpful in this case."

Snow said the office has helped reduce eminent-domain litigation, telling the House that before the ombudsman program began about 23 percent of UDOT takings ended in litigation and that figure has fallen to "about 4%" because the office has been able to mediate and arbitrate disputes.

Several representatives expressed concern about how the new advisory board would affect the ombudsman’s independence. Representative Hogue said the office’s strength has been its independence under Craig Call and warned an advisory board "is really gonna direct him and take away some of the strengths that he has." Representative Becker, noting his background as a land-use planner, said the bill represents "a big jump" that could slow decision-making and pointed to fiscal and procedural changes that may expand the office's role and responsibilities.

Sponsor Snow replied that the board is advisory and that the executive director of the receiving department would retain hiring authority. "I don't believe this board will slow him down or hinder him," Snow said, adding that the board would provide additional help on critical issues.

Other supporters said the ombudsman needs additional staff and formal support. Representative Murray said the ombudsman has been "one of the bright spots in the whole state organization" and supported expanding the office’s capacity. Representative Christiansen called the ombudsman "a welcome resource" and said the bill was well thought out.

The House earlier adopted Amendment No. 2 under Rep. Snow’s name to make technical clarifications and to remove a nomination reference to a specific private coalition. After debate and a motion to cut off further debate, the House voted; First Substitute Senate Bill 268 passed 59–9 with 7 absent and will be transmitted to the Senate for further consideration.

The bill’s fiscal note and the precise staffing changes were referenced on the floor; the sponsor and proponents said the additional funding would expand the office’s capacity, while critics urged careful safeguards to protect independence and avoid added delays in land-use decision processes.

What happens next: The bill, having passed the House, will go to the Senate for consideration and any further amendments there.