3 property-rights attorneys relish roles as mediators

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

In one example, the agency was required to install sound walls along Wasatch Boulevard. Once the walls were up, homeowners filed a "notice of claim" against the state and said their "view, air and light" were unfairly taken.

UDOT worked with Call to resolve the issue. The walls were lowered to restore views, but they could still block sound. "That's the first and only time we have lowered sound walls in the state of Utah," McMillan said.

He said the ombudsman's office can be "frustrating," but "100 percent of the time, it's good for the process."

Darien Alcorn, deputy city attorney for West Jordan, recently met with Bateman about a dispute with property owners about an easement for a storm-drain line. Mediation was required, but the issue was resolved, Alcorn said.

She declined to give specifics about the resolution but said it was helpful for both parties to recognize the point of view of the other.

In all decisions, the ombudsman's office is required to remain neutral. Mike Ostermiller with the Utah Association of Realtors says there are several ways the state-funded office can remain unbiased. First, the attorneys all come from diverse backgrounds.

Elliot has worked in city government, while Chon did nonprofit-group work. Bateman has experience with both the public and private developers.

The attorneys are overseen by a seven-member board, which can vet any land-use decisions. The board consists of three government representatives and three people representing private property rights. One member of the public with no political ties also sits on the board.

"I think it has already made a difference," Ostermiller said about the ombudsman's office.

His law partner and fellow realtor Chris Kyler said: "It keeps government more honest, and it keeps citizens more honest. No one is wasting money by bringing frivolous issues before the courts."

For more information, log on to propertyrights.utah.gov.

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E-mail: nwarburton@desnews.com