Utah Code 13-43-205. Advisory opinion
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(1) A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206, request a written advisory opinion:
Terms Used In Utah Code 13-43-205
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
(1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or(1)(b) Utah Constitution Article I, § 22. See Utah Code 13-43-102(1)(a) from a neutral third party to determine compliance with:(1)(a)(iii) Title 11, Chapter 36a, Impact Fees Act; and(1)(b) at any time before:(1)(b)(i) a final decision on a land use application by a local appeal authority under Title 11, Chapter 36a, Impact Fees Act, or Section 10-9a-708 or 17-27a-708;(1)(b)(ii) the deadline for filing an appeal with the district court under Title 11, Chapter 36a, Impact Fees Act, or Section 10-9a-801 or 17-27a-801, if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion; or(1)(b)(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.(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:(2)(a) is in occupancy of the owner’s property;(2)(b) is occupying the property:(2)(b)(i) for a public use authorized by law; and(2)(b)(ii) without colorable legal or equitable authority; and(2)(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.(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:(3)(a) does not have a colorable claim or defense for the entity’s actions; and(3)(b) continued occupancy without payment of just compensation and in disregard of the advisory opinion. - Person: means :