Procedural Due Process

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In Utah, the requirement for due process can be found in Article I of the State’s Constitution.  Due process also falls under the Fifth and Fourteenth Amendments of the United States Constitution which guarantees that no person shall be deprived of “life, liberty or property” without due process of law.  

While sometimes thought of as an intimidating, daunting, set of onerous governmental requirements, due process, particularly procedural (when followed correctly) actually can keep your local jurisdiction from creating its own intergalactic emergency.   

Why Due Process Is A Local Official’s Friend

Procedural due process is based on the principle of fundamental fairness.  If you’ve ever had a chance to skim §10-9a or §17-27a of Utah State Code (Land Use Development and Management Acts for Municipalities and Counties), you probably already know that the State has outlined bare minimum requirements when it comes to certain types of land use applications and how they are to be processed in order to ensure that certain due process requirements are met.  

These requirements often include procedural due process requirements such as how many days in advance notice must be given before a land use authority considers a land use application; where the notice must be published; the forum in which the land use authority will use in order to consider and/or render its decision; and more. 

While local governments may choose to adopt stricter standards, the basic standards put in place by state statutes ensures a person at a minimum will be provided with notice, an opportunity to be heard, and that decisions will be made by an appropriate neutral party (land use authority).

While a local jurisdiction can get into legal trouble when it comes to not providing due process correctly, due process is the perfect friend in that regard, as it will never get a local jurisdiction in legal trouble for following it.

To Infinity And Beyond!

If your local jurisdiction hasn’t done a recent audit of its adopted policies and procedures to ensure compliance with due process requirements, call Rural Community Consultants today to get expert planning, economic, and ordinance advice.

Want to Learn More?

Check out our online training modules! Note: Rural Community Consultants is able to provide access to specific training modules free of charge, courtesy of the Utah Office of the Property Rights Ombudsman.

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