The purpose of this chapter is to provide advisory guidelines to assist the city in identifying actions that may involve physical taking or exaction of private real property and may have constitutional taking issues.

(Adopted by Ord. 2007-02 on 7/11/2007)

As used herein, "constitutional taking issues" means actions involving the physical or regulatory taking of private real property by the city that may require compensation to the property owner under:

A.

The fifth or fourteenth amendment of the constitution of the United States;

B.

Article I, section 22 of the Utah constitution; or

C.

Any recent court ruling governing the physical or regulatory taking of private real property by a governmental entity.

(Adopted by Ord. 2007-02 on 7/11/2007)

The following guidelines shall be considered when city action may result in the physical or regulatory taking of private real property. These guidelines shall be used to determine and identify whether a proposed city action raises constitutional taking issues.

A.

Will city action require a property owner to suffer a permanent physical invasion of the owner's property?

B.

Will city action completely deprive a property owner of all economically beneficial use of the property?

C.

Will city action require a property owner to transfer property to the city when the requirement:

1.

Does not have an essential link (nexus) to a legitimate governmental interest; or

2.

Is not roughly proportional, in both nature and extent, to the problem which the requirement is intended to address?

D.

Will city action have a severe impact on the property owner's economic interest?

E.

Will city action deprive the owner of a fundamental attribute of property ownership?

(Adopted by Ord. 2007-02 on 7/11/2007)

If city action may involve constitutional taking issues, the mayor, upon request by an affected property owner, shall review the action to determine whether other city action should be taken. In reviewing proposed action, the guidelines set forth in section 10-8-3 of this chapter shall be considered. In addition the mayor shall consider:

A.

The effect city action may have on the use or value of the property involved.

B.

The likelihood that city action may result in a constitutional taking.

C.

Any alternatives to the proposed action that would fulfill the city's lawful objectives and reduce the risk of a constitutional taking.

D.

The cost to the city for payment of compensation if a taking is found.

(Adopted by Ord. 2007-02 on 7/11/2007)

Any property owner whose interest in the property is subject to an alleged taking by the city, pursuant to a final decision of the mayor, may appeal the mayor's decision to the city council by filing a written notice of appeal and statement of the grounds for the appeal in the city recorder's office within thirty (30) days from the date of the mayor's decision. The city council shall review all evidence regarding the appeal and shall render a written decision, including findings, within thirty (30) days from the date when the appeal was filed.

(Adopted by Ord. 2007-02 on 7/11/2007)

The guidelines set forth herein shall be advisory only and shall not be construed to expand or limit the scope of the city's liability for a constitutional taking. The city shall have no legal liability to any person, firm, or entity of any nature whatsoever and a court may not impose liability upon the city for failure to comply with the provisions of this chapter.

(Adopted by Ord. 2007-02 on 7/11/2007)