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In the department of “let's reinvent the wheel,” we have the concept of the property rights ombudsman, a state employee who helps people whose property rights are threatened by state and local government, most typically eminent domain. We had one during Gov. Jodi Rell's administration, and we need one again.

Connecticut—the Nutmeg State, the land of steady habits and the Constitution State—is also recognized with contempt for the botched eminent-domain taking of Susette Kelo's little pink house in New London. She lost the battle in the U.S. Supreme Court, but protectors of property rights won the war when 43 states, including Connecticut, changed their eminent domain laws to provide more protection for property owners.

However, what is lacking most everywhere, except Utah, Virginia and Ohio, is anyone to advocate for the property owner who gets a letter from their state department of transportation saying the state needs a strip of the owner's front yard for a road widening. The process begins with an attempt at a voluntary sale, but the average property owner knows little or nothing about how to manage the process. The land to be taken might be worth no more than a few hundred or a few thousand dollars. The property owner typically doesn't believe the state's appraisal. And, they are anxious because of the immense power of the state with its staff and resources.

The people at the Connecticut Department of Transportation and most other government agencies with the power of eminent domain are good people and want to do the right thing. But make no mistake about it; they are, by definition, adversaries of the property owner. They want that property, and they don't want to pay any more than they have to. Don't blame them, blame the process.

The Connecticut property rights ombudsman helped people about to lose their property. The office's website was filled with good information. The very able and totally committed Robert Poliner did a great job in that role. Unfortunately, it was short lived, getting cut at budget time, probably because the office had no obvious constituency to fight for its survival.

As a lawyer representing people threatened with eminent domain, I see people who can't afford to hire, or are not economically justified in hiring, a top-notch appraiser to find out what their soon-to-be-lost strip of land is really worth. Many times the state's offer is on the mark, and those cases are quickly resolved. Sometimes they are wildly off. In some cases the recovery in the end can be a multiple of what was first offered. And, of course, these victims of small takings can't afford a lawyer either.

The property rights ombudsman does not become their lawyer, but the ombudsman empowers the property owner, gives them a sense that they are protected, and levels the playing field, at least to a degree. In Utah the ombudsman can even order the state to pay for an independent second appraisal if the state's is unacceptable. The authority to require the independent appraisal may have a subtle effect on the state in what it offers as its appraisal; they might nudge it up a bit to avoid the independent appraisal. The ombudsman also provides mediation services, gives advisory opinions (207 to date, the latest on development exactions), and offers training and education.

Virginia has a similar program: “the Right of Way Ombudsman will serve as a neutral, non-biased party to help Virginia landowners understand and resolve property disputes related to eminent domain.” Missouri has an Office of the Ombudsman for Property Rights “advocating on behalf of Missouri property owners.” You might figure that an ombudsman can't be good for the state, that it would tie things up, cost more for the office itself, and result in increased awards. But the ombudsman has saved money and time.

The Utah Department of Transportation truly appreciates the ombudsman. Litigation has been reduced 75%. That's right, 75%. Think of the savings in time and money for the state. The reduction in adversarial proceedings is because those having their property taken know they are getting a fair shake with the ombudsman there to advocate for them.

A note to Gov. Lamont: bring back the property rights ombudsman.

Attorney Dwight Merriam is a member of the Connecticut Law Tribune's editorial board.