Labrum learned three years ago the lake was going to be expanded and his property, about 500 feet away, was targeted for condemnation by a water district. He didn't know how to fight it, until, by luck, he read about Utah's property ombudsman.

While still resisting the condemnation attempt on grounds it isn't needed, Labrum says the ombudsman's office is a must-have to help the average property owner who doesn't have the money to take the battle to court.

Without the office, "you'd just have to sit back and see them take your property and say, 'Well, I guess that's the way the government works.' "

Now, Sen. Orrin Hatch, R-Utah, wants to create a similar post at the federal level, an advocate for those facing condemnation by a federal agency.

Hatch on Tuesday introduced his EMPOWER Act, which would also call for a "property owners' Bill of Rights," which among other things includes an independent appraisal if requested, relocation assistance and mediation.

"This bill is for anyone who might have their homes threatened by federal action," Hatch said at a Capitol Hill news conference. "The EMPOWER Act won't solve all problems, but it will go a long way to creating a level playing field for people who might lose their homes."

Labrum is a supporter, noting that most homeowners or owners of small parcels don't have the money to hire lawyers to fight the condemnation in court.

"It gives the property owner a chance," Labrum said by phone.

Hatch's bill, co-sponsored by Sen. Max Baucus, D-Mont., comes in the wake of the controversial U.S. Supreme Court ruling in Kelo vs. New London, which essentially said that governments can condemn private property to boost economic development.

Hatch called that decision "alarming," and proposed modeling a federal property-rights advocate after the Utah office to "make sure that property owners know their rights upfront."

The bill does not address the economic development aspect of the Kelo decision, but Hatch's office and advocates for the legislation say the point is to address the issue earlier before it ends up in court.

"The question is, would those kind of cases come forward if there was a better process," said Utah Property Rights Ombudsman Craig Call.

Hatch's office didn't know how much creating a federal ombudsman position would cost, but said it would be miniscule compared to the amount of money saved in legal fees.

Baucus said the act would set an example for states to follow.

"Too often government forgets it's there to serve people," Baucus said. "This legislation is to help put rights back into people's hands."

tburr@sltrib.com