A.   The policies of the county, 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 county 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 county action should require payment of just compensation, while preserving the ability of the county to lawfully regulate real property and fulfill its obligations, duties and functions.

   B.   This chapter, and chapter 13 of the administrative manual, identifies and provides the standards and procedures for the review of all constitutional takings review applications. (Ord. 12-12-04, 12-4-2012)

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 county's liability for a constitutional taking. (Ord. 12-12-04, 12-4-2012)

Any owner of private real property who claims there has been a constitutional taking of private real property by an action of the county shall request a review of a final decision by filing a constitutional takings review application, containing all the information required. (Ord. 12-12-04, 12-4-2012)

After completing the review, the BOCC, 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. (Ord. 12-12-04, 12-4-2012)