Utah § 13-43-205 - Advisory opinion.

Full text of Utah Utah Code § 13-43-205 — Advisory opinion., with citation guidance and answers to common questions.

§ 13-43-205. Advisory opinion.

Effective 5/6/2026
13-43-205.  Advisory opinion.
(1)A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206, request a written advisory opinion:
(a)from a neutral third party to determine compliance with:
(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;
(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
(iii)Title 11, Chapter 36a, Impact Fees Act; and
(b)at any time before:
(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;
(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
(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:
(a)is in occupancy of the owner's property;
(b)is occupying the property:
(i)for a public use authorized by law; and
(ii)without colorable legal or equitable authority; and
(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:
(a)does not have a colorable claim or defense for the entity's actions; and
(b)continued occupancy without payment of just compensation and in disregard of the advisory opinion.


Amended by Chapter 166, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 13-43-205

What does Utah Code § 13-43-205 cover?

Section 13-43-205 ("Advisory opinion.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 13-43-205?

A common citation format is "Utah Code § 13-43-205" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 13-43-205 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.