3 property-rights attorneys relish roles as mediators

Instead of an engraved name plate, Brent Bateman has an 8 1/2-by-11-inch sheet of paper taped near his office door to indicate where his desk is.

Colleagues Su Chon and Elliot Lawrence have similar tags outside their office doors. About three months ago, the trio began working as attorneys in the Office of the Utah Property Rights Ombudsman and have yet to get permanent name plates.

They are quickly trying to fill the role of their predecessor, Craig Call, who left two months ago to start his own nonprofit group, the Utah Land Use Institute. Call worked alone for 10 years and mediated eminent-domain disputes where the government wanted to condemn private land for a public purpose.

The office was expanded by the Legislature last year to help resolve escalating conflicts between landowners and local governments over land use. Bateman is lead attorney, and in addition to eminent domain, his office can now mediate arguments over issues such as zoning and impact fees.

"It requires a lot of specialized knowledge," Bateman said. "As attorneys working in this office, we become, to a large extent, one-trick ponies because we need to know — and we're constantly working to know — these areas of the law very well, very intensely and in a detailed manner.

"We have a lot to learn still, but we're working hard," he added.

Bateman, who worked as a real estate attorney for eight years, speaks idealistically about his role as ombudsman. He believes he can save money for the state and local governments and mediate arguments.

Like Chon and Elliot, Bateman left private practice to apply for a position in the ombudsman's office.

"I like to help people, and honestly, when you're in litigation, no one ends up happy," he said.

The goal of the ombudsman's office is to resolve disputes between private property owners and the government. Although funded by the state, it is meant to be neutral, and not favor one side or the other. Property owners can call the office for information about land-use laws and also discuss whether the government is being fair to them.

Government officials can call for clarification about the law. If talking and clarification don't help, the ombudsman can meet with both parties to mediate a settlement of an issue. The next steps are arbitration, then court.

Since it began working with the ombudsman's office 10 years ago, the Utah Department of Transportation said it has less conflict with land owners and fewer forceful takings of property. Seven years ago, the agency condemned 23.4 percent of the properties it needed to acquire, and now it condemns about 7.1 percent.

The office has also helped UDOT save thousands of dollars in litigation costs, said Lyle McMillan, right of way director.