There is an underlying policy inthe City favoring the careful consideration of matters involving Constitutional Taking claims in fairness to the owner of private property bringing the claim and in view of the uncertainty and expense involved in defending lawsuits alleging such issues. At the same time, the legitimate role of the City in lawfully regulating real property must be preserved and the public's right to require the dedication or exaction of property consistent with the Constitution. Consistent with this policy, any owner of private real property who claims there has been a Constitutional Taking of private real property by application of this ordinance shall request a review of a final decision of the City, pursuant to the procedures for the review of Constitutional Takings issues, as provided by the laws of the State of Utah and Ballard City.

There is hereby created a three (3) member Takings Appeal Board of the City. The Mayor upon the advice and consent of the City Council shall appoint three (3) members to serve on the Takings Appeal Board.If, at any time, the members cannot meet to satisfy the time requirements stated in this section, the Mayor shall appoint a member or sufficient members to fill the vacancy(ies).

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the City Council and all commissions, boards, appointees and designees shall adhere to the following before authorizing the seizure or exaction of property:

1. Prior to any proposed action to exact or seize property, the City Attorney shall review the proposed action to determine if a constitutional taking requiring just compensation would occur.
2. The City Attorney shall review all such matters pursuant to the guidelines established in this section. Upon identifying a possible constitutional taking, the City Attorney shall, in confidential writing, protected by attorney-client relationship, the City Council, commission or board of the possible consequences of its actions.This opinion shall be advisory only. No liability shall be attributed to the City for failure to follow the recommendation of the City Attorney.
3. Guidelines. The City Attorney shall review whether action constitutes a taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under the Utah Constitution.The City Attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. City Attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property.These guidelines are advisory only and shall not expand or limit the scope of the City’s liability for a constitutional taking.

1. Any owner of private property who believes that their property is proposed to be taken by an otherwise final action of the City may appeal the City’s decision to the Takings Appeal Board within ten (10) business days after the decision is made. The appeal shall be filed in writing with the City Recorder.
2. The Takings Appeal Board shall hear and approve and remand or reject the appeal within ten (10) business days after the appeal is filed. Takings Appeal Board with the advice from the City Attorney, shall review the appeal pursuant to the guidelines of this section.The decision of the Takings Appeal Board shall be in writing and a copy given to the appellant and to the City Council, commission or board that took the initial action. Takings Appeal Board’s rejection of an appeal constitutes exhaustion of administrative remedies, rendering the matter suitable for appeal to a court of competent jurisdiction.