H.B. 186 Enrolled

PRIVATE PROPERTY OMBUDSMAN AMENDMENT
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Evan L. Olsen
AN ACT RELATING TO CITIES AND TOWNS, COUNTIES, STATE AFFAIRS IN
GENERAL, AND THE JUDICIAL CODE; MODIFYING DEFINITIONS; PROVIDING FOR A
TOLLING OF THE TIME TO FILE A PETITION FOR COURT REVIEW UPON THE FILING
OF A REQUEST FOR ARBITRATION WITH THE PRIVATE PROPERTY OMBUDSMAN;
MODIFYING THE CONDITIONS UNDER WHICH A STAY OF A BOARD OF
ADJUSTMENT DECISION MAY BE REQUESTED; PROVIDING FOR A STAY OF AN
EMINENT DOMAIN ACTION; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-103, as last amended by Chapters 37 and 89, Laws of Utah 1998
10-9-708, as enacted by Chapter 235, Laws of Utah 1991
10-9-1001, as last amended by Chapter 30, Laws of Utah 1992
17-27-103, as last amended by Chapter 89, Laws of Utah 1998
17-27-708, as enacted by Chapter 235, Laws of Utah 1991
17-27-1001, as last amended by Chapter 79, Laws of Utah 1996
63-34-13, as last amended by Chapter 295, Laws of Utah 1998
78-34-21, as enacted by Chapter 295, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-103 is amended to read:
10-9-103. Definitions -- Notice.
(1) As used in this chapter:
(a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product, or
service that is not sold, offered, or existing on the property where the sign is located.
(b) "Chief executive officer" means:

(i) the mayor in municipalities operating under all forms of municipal government except
the council-manager form; or
(ii) the city manager in municipalities operating under the council-manager form of
municipal government.
(c) "Conditional use" means a land use that, because of its unique characteristics or potential
impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in
some areas or may be compatible only if certain conditions are required that mitigate or eliminate
the detrimental impacts.
(d) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
[(d)] (e) "County" means the unincorporated area of the county.
[(e)] (f) "Elderly person" means a person who is 60 years old or older, who desires or needs
to live with other elderly persons in a group setting, but who is capable of living independently.
[(f)] (g) (i) "General plan" means a document that a municipality adopts that sets forth
general guidelines for proposed future development of the land within the municipality, as set forth
in Sections 10-9-301 and 10-9-302 .
(ii) "General plan" includes what is also commonly referred to as a "master plan."
[(g)] (h) "Legislative body" means the city council or city commission.
[(h)] (i) "Lot line adjustment" in a subdivision means the relocation of the property boundary
line between two adjoining lots with the consent of the owners of record.
[(i)] (j) "Municipality" means a city or town.
[(j)] (k) "Nonconforming structure" means a structure that:
(i) legally existed before its current zoning designation; and
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
setback, height restrictions, or other regulations that govern the structure.
[(k)] (l) "Nonconforming use" means a use of land that:
(i) legally existed before its current zoning designation;
(ii) has been maintained continuously since the time the zoning regulation governing the land
changed; and

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(iii) because of subsequent zoning changes, does not conform with the zoning regulations
that now govern the land.
[(l)] (m) "Official map" means a map of proposed streets that has the legal effect of
prohibiting development of the property until the municipality develops the proposed street.
[(m)] (n) (i) "Residential facility for elderly persons" means a single-family or
multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted under
authority of that part.
(ii) "Residential facility for elderly persons" does not include a health care facility as defined
by Section 26-21-2 .
[(n)] (o) "Special district" means all entities established under the authority of Title 17A,
Special Districts, and any other governmental or quasi-governmental entity that is not a county,
municipality, school district, or unit of the state.
[(o)] (p) "Street" means public rights-of-way, including highways, avenues, boulevards,
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
other ways.
[(p)] (q) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
whether immediate or future, for offer, sale, lease, or development either on the installment plan or
upon any and all other plans, terms, and conditions.
(ii) "Subdivision" includes:
(A) the division or development of land whether by deed, metes and bounds description,
devise and testacy, lease, map, plat, or other recorded instrument; and
(B) except as provided in Subsection (1)[(p)](q)(iii), divisions of land for all residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and industrial
purposes.
(iii) "Subdivision" does not include:
(A) a bona fide division or partition of agricultural land for the purpose of joining one of the
resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the

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resulting combined parcel nor the parcel remaining from the division or partition violates an
applicable zoning ordinance;
(B) a recorded agreement between owners of adjoining properties adjusting their mutual
boundary if:
(I) no new lot is created; and
(II) the adjustment does not result in a violation of applicable zoning ordinances; or
(C) a recorded document, executed by the owner of record, revising the legal description of
more than one contiguous parcel of property into one legal description encompassing all such parcels
of property.
(iv) The joining of a subdivided parcel of property to another parcel of property that has not
been subdivided does not constitute a "subdivision" under this Subsection (1)[(p)](q) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's subdivision
ordinance.
[(q)] (r) "Unincorporated" means the area outside of the incorporated boundaries of cities
and towns.
(2) (a) A municipality meets the requirements of reasonable notice required by this chapter
if it:
(i) posts notice of the hearing or meeting in at least three public places within the jurisdiction
and publishes notice of the hearing or meeting in a newspaper of general circulation in the
jurisdiction, if one is available; or
(ii) gives actual notice of the hearing or meeting.
(b) A municipal legislative body may enact an ordinance establishing stricter notice
requirements than those required by this subsection.
(c) (i) Proof that one of the two forms of notice authorized by this subsection was given is
prima facie evidence that notice was properly given.
(ii) If notice given under authority of this section is not challenged as provided in Section
10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
is considered adequate and proper.

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Section 2. Section 10-9-708 is amended to read:
10-9-708. District court review of board of adjustment decision.
(1) Any person adversely affected by any decision of a board of adjustment may petition the
district court for a review of the decision.
(2) In the petition, the plaintiff may only allege that the board of adjustment's decision was
arbitrary, capricious, or illegal.
(3) (a) The petition is barred unless it is filed within 30 days after the board of adjustment's
decision is final.
(b) (i) The time under Subsection (3)(a) to file a petition is tolled from the date a property
owner files a request for arbitration of a constitutional taking issue with the private property
ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (3)(b)(i) operates only as to the specific constitutional taking
issues that are the subject of the request for arbitration filed with the private property ombudsman
by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time under
Subsection (3)(a) to file a petition has expired does not affect the time to file a petition.
(4) (a) The board of adjustment shall transmit to the reviewing court the record of its
proceedings including its minutes, findings, orders and, if available, a true and correct transcript of
its proceedings.
(b) If the proceeding was tape recorded, a transcript of that tape recording is a true and
correct transcript for purposes of this subsection.
(5) (a) (i) If there is a record, the district court's review is limited to the record provided by
the board of adjustment.
(ii) The court may not accept or consider any evidence outside the board of adjustment's
record unless that evidence was offered to the board of adjustment and the court determines that it

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was improperly excluded by the board of adjustment.
(b) If there is no record, the court may call witnesses and take evidence.
(6) The court shall affirm the decision of the board of adjustment if the decision is supported
by substantial evidence in the record.
(7) (a) The filing of a petition does not stay the decision of the board of adjustment.
(b) (i) Before filing [the] a petition under this section or a request for mediation or arbitration
of a constitutional taking issue under Section 63-34-13 , the aggrieved party may petition the board
of adjustment to stay its decision.
(ii) Upon receipt of a petition to stay, the board of adjustment may order its decision stayed
pending district court review if the board of adjustment finds it to be in the best interest of the
municipality.
(iii) After [the] a petition is filed under this section or a request for mediation or arbitration
of a constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an injunction
staying the board of adjustment's decision.
Section 3. Section 10-9-1001 is amended to read:
10-9-1001. Appeals.
(1) No person may challenge in district court a municipality's land use decisions made under
this chapter or under the regulation made under authority of this chapter until that person has
exhausted his administrative remedies.
(2) (a) Any person adversely affected by any decision made in the exercise of the provisions
of this chapter may file a petition for review of the decision with the district court within 30 days
after the local decision is rendered.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property
owner files a request for arbitration of a constitutional taking issue with the private property
ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.

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(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional taking
issues that are the subject of the request for arbitration filed with the private property ombudsman
by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time under
Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) The courts shall:
(a) presume that land use decisions and regulations are valid; and
(b) determine only whether or not the decision is arbitrary, capricious, or illegal.
Section 4. Section 17-27-103 is amended to read:
17-27-103. Definitions -- Notice.
(1) As used in this chapter:
(a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product, or
service that is not sold, offered, or existing on the property where the sign is located.
(b) "Chief executive officer" means the county executive, or if the county has adopted an
alternative form of government, the official who exercises the executive powers.
(c) "Conditional use" means a land use that, because of its unique characteristics or potential
impact on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some
areas or may be compatible only if certain conditions are required that mitigate or eliminate the
detrimental impacts.
(d) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
[(d)] (e) "County" means the unincorporated area of the county.
[(e)] (f) "Elderly person" means a person who is 60 years old or older, who desires or needs
to live with other elderly persons in a group setting, but who is capable of living independently.
[(f)] (g) (i) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of the land within the county, as set forth in Sections
17-27-301 and 17-27-302 .
(ii) "General plan" includes what is also commonly referred to as a "master plan."

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[(g)] (h) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
[(h)] (i) "Lot line adjustment" means the relocation of the property boundary line between
two adjoining lots with the consent of the owners of record.
[(i)] (j) "Municipality" means a city or town.
[(j)] (k) "Nonconforming structure" means a structure that:
(i) legally existed before its current zoning designation; and
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
setback, height restrictions, or other regulations that govern the structure.
[(k)] (l) "Nonconforming use" means a use of land that:
(i) legally existed before its current zoning designation;
(ii) has been maintained continuously since the time the zoning regulation governing the land
changed; and
(iii) because of subsequent zoning changes, does not conform with the zoning regulations
that now govern the land.
[(l)] (m) "Official map" means a map of proposed streets that has the legal effect of
prohibiting development of the property until the county develops the proposed street.
[(m)] (n) (i) "Residential facility for elderly persons" means a single-family or
multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted under
authority of that part.
(ii) "Residential facility for elderly persons" does not include a health care facility as defined
by Section 26-21-2 .
[(n)] (o) "Special district" means all entities established under the authority of Title 17A,
Special Districts, and any other governmental or quasi-governmental entity that is not a county,
municipality, school district, or unit of the state.
[(o)] (p) "Street" means public rights-of-way, including highways, avenues, boulevards,
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
other ways.

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[(p)] (q) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
whether immediate or future, for offer, sale, lease, or development either on the installment plan or
upon any and all other plans, terms, and conditions.
(ii) "Subdivision" includes the division or development of land whether by deed, metes and
bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
(iii) "Subdivision" does not include:
(A) a bona fide division or partition of agricultural land for agricultural purposes;
(B) a recorded agreement between owners of adjoining properties adjusting their mutual
boundary if:
(I) no new lot is created; and
(II) the adjustment does not result in a violation of applicable zoning ordinances; or
(C) a recorded document, executed by the owner of record, revising the legal description of
more than one contiguous parcel of property into one legal description encompassing all such parcels
of property.
(iv) The joining of a subdivided parcel of property to another parcel of property that has not
been subdivided does not constitute a "subdivision" under this Subsection (1)[(p)](q) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
ordinance.
[(q)] (r) "Unincorporated" means the area outside of the incorporated boundaries of cities
and towns.
(2) (a) A county meets the requirements of reasonable notice required by this chapter if it:
(i) posts notice of the hearing or meeting in at least three public places within the jurisdiction
and publishes notice of the hearing or meeting in a newspaper of general circulation in the
jurisdiction, if one is available; or
(ii) gives actual notice of the hearing or meeting.
(b) A county legislative body may enact an ordinance establishing stricter notice
requirements than those required by this subsection.

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(c) (i) Proof that one of the two forms of notice authorized by this subsection was given is
prima facie evidence that notice was properly given.
(ii) If notice given under authority of this section is not challenged as provided in Section
17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
is considered adequate and proper.
Section 5. Section 17-27-708 is amended to read:
17-27-708. District court review of board of adjustment decision.
(1) Any person adversely affected by any decision of a board of adjustment may petition the
district court for a review of the decision.
(2) In the petition, the plaintiff may only allege that the board of adjustment's decision was
arbitrary, capricious, or illegal.
(3) (a) The petition is barred unless it is filed within 30 days after the board of adjustment's
decision is final.
(b) (i) The time under Subsection (3)(a) to file a petition is tolled from the date a property
owner files a request for arbitration of a constitutional taking issue with the private property
ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (3)(b)(i) operates only as to the specific constitutional taking
issues that are the subject of the request for arbitration filed with the private property ombudsman
by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time under
Subsection (3)(a) to file a petition has expired does not affect the time to file a petition.
(4) (a) The board of adjustment shall transmit to the reviewing court the record of its
proceedings including its minutes, findings, orders and, if available, a true and correct transcript of
its proceedings.
(b) If the proceeding was tape recorded, a transcript of that tape recording is a true and

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correct transcript for purposes of this subsection.
(5) (a) (i) If there is a record, the district court's review is limited to the record provided by
the board of adjustment.
(ii) The court may not accept or consider any evidence outside the board of adjustment's
record unless that evidence was offered to the board of adjustment and the court determines that it
was improperly excluded by the board of adjustment.
(b) If there is no record, the court may call witnesses and take evidence.
(6) The court shall affirm the decision of the board of adjustment if the decision is supported
by substantial evidence in the record.
(7) (a) The filing of a petition does not stay the decision of the board of adjustment.
(b) (i) Before filing [the] a petition under this section or a request for mediation or arbitration
of a constitutional taking issue under Section 63-34-13 , the aggrieved party may petition the board
of adjustment to stay its decision.
(ii) Upon receipt of a petition to stay, the board of adjustment may order its decision stayed
pending district court review if the board of adjustment finds it to be in the best interest of the
county.
(iii) After [the] a petition is filed under this section or a request for mediation or arbitration
of a constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an injunction
staying the board of adjustment's decision.
Section 6. Section 17-27-1001 is amended to read:
17-27-1001. Appeals.
(1) No person may challenge in district court a county's land use decisions made under this
chapter or under the regulation made under authority of this chapter until that person has exhausted
all administrative remedies.
(2) (a) Any person adversely affected by any decision made in the exercise of the provisions
of this chapter may file a petition for review of the decision with the district court within 30 days
after the local decision is rendered.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property

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owner files a request for arbitration of a constitutional taking issue with the private property
ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional taking
issues that are the subject of the request for arbitration filed with the private property ombudsman
by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time under
Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) The courts shall:
(a) presume that land use decisions and regulations are valid; and
(b) determine only whether or not the decision is arbitrary, capricious, or illegal.
Section 7. Section 63-34-13 is amended to read:
63-34-13. Private property ombudsman -- Powers -- Arbitration procedures.
(1) As used in this section:
(a) "Constitutional taking" or "taking" means a governmental action that results in a taking
of private property so that compensation to the owner of the property is required by:
(i) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
(ii) Utah Constitution Article I, Section 22.
(b) "Takings law" means the provisions of the federal and state constitutions, the case law
interpreting those provisions, and any relevant statutory provisions that require a governmental unit
to compensate a private property owner for a constitutional taking.
(2) (a) There is created a private property ombudsman in the Department of Natural
Resources.
(b) The executive director of the Department of Natural Resources shall hire a person with
background or expertise in takings law to fill the position.
(c) The person hired to fill the position is an exempt employee.

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(3) The private property ombudsman shall:
(a) develop and maintain expertise in and understanding of takings law;
(b) assist state agencies and local governments in developing the guidelines required by this
chapter and [Title 63,] Chapter 90a, Constitutional Takings Issues;
(c) at the request of a state agency or local government, assist the state agency or local
government in analyzing actions with potential takings implications;
(d) advise private property owners who have a legitimate potential or actual takings claim
against a state or local government entity;
(e) identify state or local government actions that have potential takings implications and,
if appropriate, advise those state or local government entities about those implications;
(f) provide information to private citizens, civic groups, government entities, and other
interested parties about takings law and their rights and responsibilities under it; and
(g) if appropriate and requested to do so by the private property owner, mediate or conduct
or arrange arbitration for disputes between private property owners and government entities that
involve:
(i) takings issues law;
(ii) actions for eminent domain under Title 78, Chapter 34, Eminent Domain; or
(iii) disputes about relocation assistance under Title 57, Chapter 12, Utah Relocation
Assistance Act.
(4) (a) (i) In conducting or arranging for arbitration, the private property ombudsman shall
follow the procedures and requirements of Title 78, Chapter 31a, Utah Arbitration Act.
(ii) In applying the Utah Arbitration Act, the arbitrator and parties shall treat the matter as
if:
(A) it were ordered to arbitration by a court; and
(B) the private property ombudsman or other arbitrator chosen as provided for in this section
was appointed as arbitrator by the court.
(iii) For the purpose of arbitrations conducted under this section, if the dispute to be
arbitrated is not already the subject of legal action, the district court having jurisdiction over the

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county where the private property involved in the dispute is located shall act as the court referred to
in Title 78, Chapter 31a, Utah Arbitration Act.
(iv) The award from an arbitration conducted under this chapter may not be vacated under
the provisions of Title 78, Chapter 31a, Subsection 14(1)(e), Utah Arbitration Act, because of the
lack of an arbitration agreement between the parties.
(b) The private property ombudsman shall [decline] issue a written statement declining to
arbitrate or to appoint an arbitrator when, in the opinion of the private property ombudsman:
(i) the issues are not ripe for review;
(ii) assuming the alleged facts are true, no cause of action exists under United States or Utah
law;
(iii) all issues raised are beyond the scope of the ombudsman's statutory duty to review; or
(iv) the arbitration is otherwise not appropriate.
(c) (i) The private property ombudsman shall appoint another person to arbitrate the dispute
when:
(A) either party objects to the private property ombudsman serving as the arbitrator and
agrees to pay for the services of another arbitrator; or
(B) the private property ombudsman declines to arbitrate the dispute for a reason other than
those listed in Subsection (4)(b) and one or both parties are willing to pay for the services of another
arbitrator.
(ii) In appointing a person other than himself to arbitrate a dispute, the private property
ombudsman shall appoint an arbitrator who is:
(A) agreeable to both parties; or
(B) agreeable to the party paying for the arbitrator and the private property ombudsman.
(iii) The private property ombudsman may, on [his own] the initiative of the private property
ombudsman or upon agreement of both parties, appoint a panel of arbitrators to conduct the
arbitration.
(d) In arbitrating a dispute, the arbitrator shall apply the relevant statutes, case law,
regulations, and rules of Utah and the United States in conducting the arbitration and in determining

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the award.
(e) The property owner and government entity may agree in advance of arbitration that the
arbitration shall be binding and that no de novo review may occur.
[(e)] (f) Arbitration by or through the private property ombudsman is not necessary before
bringing legal action to adjudicate any claim.
[(f)] (g) The lack of arbitration by or through the private property ombudsman does not
constitute, and may not be interpreted as constituting, a failure to exhaust available administrative
remedies or as a bar to bringing legal action.
[(g)] (h) Arbitration under this section is not subject to [Title 63,] Chapter 46b,
Administrative Procedures Act, nor Title 78, Chapter 31b, Alternative Dispute Resolution.
[(h)] (i) Within 30 days after the arbitrator issues the final award and except as provided in
Subsection (4)(e), any party may submit the award or any issue upon which the award is based to the
district court for de novo review.
(5) The filing with the private property ombudsman of a request for mediation or arbitration
of a constitutional taking issue does not stay any county or municipal land use decision, including
the decision of a board of adjustment.
[(5)] (6) The private property ombudsman may not be compelled to testify in a civil action
filed with regard to the subject matter of any review or arbitration by the ombudsman.
[(6)] (7) (a) Except as provided in Subsection [(6)] (7)(b), evidence of a review by the
private property ombudsman and his opinions, writings, findings, and determinations are not
admissible as evidence in an action subsequently brought in court and dealing with the same dispute.
(b) Subsection [(6)] (7)(a) does not apply to:
(i) actions brought under authority of Title 78, Chapter 6, Small Claims Court;
(ii) a judicial confirmation or review of the arbitration itself as authorized in Title 78,
Chapter 31a, [the] Utah Arbitration Act; or
(iii) actions for de novo review of an arbitration award or issue brought under the authority
of Subsection (4)[(h)](i).
[(7)] (8) The private property ombudsman may not represent private property owners, state

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agencies, or local governments in court or in adjudicative proceedings under [Title 63,] Chapter 46b,
Administrative Procedures Act.
Section 8. Section 78-34-21 is amended to read:
78-34-21. Dispute resolution.
(1) In any dispute between a condemner and a private property owner arising out of this
chapter, the private property owner may submit the dispute for mediation or arbitration to the private
property ombudsman under Section 63-34-13 .
(2) An action submitted to the private property ombudsman under authority of this section
does not bar or stay any action for occupancy of premises authorized by Section 78-34-9.
(3) (a) (i) A mediator or arbitrator, acting at the request of the property owner under Section
63-34-13 , has standing in an action brought in district court under this chapter to file with the court
a motion to stay the action during the pendency of the mediation or arbitration.
(ii) A mediator or arbitrator may not file a motion to stay under Subsection (3)(a)(i) unless
the mediator or arbitrator certifies at the time of filing the motion that a stay is reasonably necessary
to reach a resolution of the case through mediation or arbitration.
(b) If a stay is granted pursuant to a motion under Subsection (3)(a) and the order granting
the stay does not specify when the stay terminates, the mediator or arbitrator shall file with the
district court a motion to terminate the stay within 30 days after:
(i) the resolution of the dispute through mediation;
(ii) the issuance of a final arbitration award; or
(iii) a determination by the mediator or arbitrator that mediation or arbitration is not
appropriate.
[(3)] (4) (a) The private property owner or displaced person may request that the mediator
or arbitrator authorize an additional appraisal.
(b) If the mediator or arbitrator determines that an additional appraisal is reasonably
necessary to reach a resolution of the case, the mediator or arbitrator may:
(i) have an additional appraisal of the property prepared by an independent appraiser; and
(ii) require the agency to pay the costs of the first additional appraisal.

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