Gunnison City Zoning Code
CHAPTER 22
CONSTITUTIONAL TAKINGS
Section 2201 Purpose
- The policies of the City, favor 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 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 these policies, this Chapter establishes a procedure for the review of actions that may involve the issue of constitutional takings, as well as providing guidelines for such considerations. This chapter is intended and shall be construed to objectively and fairly review claims that a specific City action should require payment of just compensation, while preserving the ability of the City to lawfully regulate real property and fulfill its obligations, duties and functions.
- This Chapter, and Chapter 13 and Chapter 15, Administrative Manual, identifies and provides the standards and procedures for the review of all Constitutional Takings Review Applications.
Section 2202 Guidelines Advisory
The guidelines adopted and decisions rendered pursuant to this Chapter are advisory only, and shall not be construed to expand or limit the scope of the City’s liability for a constitutional taking.
Section 2203 Review Of Takings Application Required
Any owner of private real property who claims there has been a constitutional taking of private real property by an action of the City shall request a review of a final decision by filing a Constitutional Takings Review Application.
Section 2204 Results Of Review
After completing the review, the Council, or designee, shall make a determination regarding the issues and where determined to be necessary and appropriate, shall make a recommendation to the Land Use Authority that made the decision that gave rise to the constitutional takings claim.