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House unanimously approves eminent‑domain changes requiring compensation statements and mediation options

Utah House of Representatives · February 5, 2014
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Summary

House Bill 25 revises eminent‑domain procedures to require property owners be given a written explanation of how just compensation was calculated, permit owners to walk appraisers before valuation completion, and enable the Property Rights Ombudsman to investigate or mediate disputes; sponsor said provisions favor property owners. The measure passed unanimously and moves to the Senate.

The House passed House Bill 25 on Feb. 5, a legislative package updating eminent‑domain law to increase transparency for property owners. Representative Perry, the sponsor, told members the bill requires that property owners be provided a statement explaining how just compensation was calculated and allows property owners to walk the property with an appraiser before the appraisal is completed.

"Property owners are entitled to a statement of how the just compensation offered to them for their property was calculated," Perry said, describing the bill as designed to modernize obsolete language and provide clearer notice and process to landowners.

The legislation also clarifies that the Office of the Property Rights Ombudsman may investigate claims that a utility or agency has entered private land without authority and may mediate disputes or, if necessary, order appraisals. Representative Perry emphasized the changes were negotiated with multiple stakeholders and eliminated outdated references such as telegraph or logging companies.

Representative Anderegg asked whether the mediation provisions were intended to avoid drawn‑out legal battles or whether mediation could be used to delay property owners. Perry replied the mediation provisions are intended to favor property owners, that a condemnor cannot require mediation, and that the property owner retains the right to pursue litigation if mediation fails.

After debate, the House voted 71–0 to pass HB25 and transmit it to the Senate for consideration.

The bill also reforms dated statutory language (modernizing terms such as telecommunication and adding language for emergency broadcast signals) and provides a formatted notice letter for property owners explaining rights and ombudsman contact information. The transcript records no amendments on the floor; the sponsor asked for the body’s support and described wide stakeholder involvement during drafting.