Advisory opinion.

13-43-205. Advisory opinion.

(1) A local government, private entity, or a potentially aggrieved person may, in accordance with Section, request a written advisory opinion: 13-43-206 from a neutral third party to determine compliance with: Sections,,,,,,,,,,, and; 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 10-20-1003 Sections,,,,,,,,,,79-813, and; and 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- 17-79-903; and Title 11, Chapter 36a, Impact Fees Act at any time before: a final decision on a land use application by a local appeal authority under, or Sectionor; Title 11, Chapter 36a, Impact Fees Act 10-20-1108 17-79-1008 the deadline for filing an appeal with the district court under, or Sectionor, if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion; or Title 11, Chapter 36a, Impact Fees Act 10-20-1109 17-79-1009 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, request a written advisory opinion from a neutral third party to determine if a condemning entity: 13-43-206 is in occupancy of the owner's property; is occupying the property: for a public use authorized by law; and without colorable legal or equitable authority; and 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 Subsectionmay justify an award of attorney fees against a condemning entity in accordance with Sectiononly if the court finds that the condemning entity: (2) 13-43-206 does not have a colorable claim or defense for the entity's actions; and continued occupancy without payment of just compensation and in disregard of the advisory opinion.