Monroe City Zoning Code

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 and boards shall adhere to the following before authorizing the seizure or exaction of property as well as following §10-9a-508 and §63L-4 of Utah State Code (as amended).

HISTORY:

Ord. 3-1-2024, 4/9/2024

Prior to any proposed action to exact or seize property by the City Council or any commission or board, the City Attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The City Attorney shall review all such matters pursuant to the guidelines established herein. Upon identifying a possible constitutional taking, the City Attorney shall, in confidential, protected writing, inform the City Council, commission or board of the possible consequences of its action. The opinion shall be advisory only and no liability shall be attributed to the City for failure to follow the recommendation of the City Attorney.

HISTORY:

Ord. 3-1-2024, 4/9/2024

The City Attorney shall review whether the action, whether an exaction, legislative enactment, or other action, constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, Section 22 of the Utah Constitution. The City Attorney shall determine whether a proposed exaction bears an essential nexus (connection) to a legitimate governmental interest, whether the exaction is roughly proportionate and reasonably related to the legitimate governmental interest, and whether the exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. The 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 nor limit the scope of the City's liability for a constitutional taking.

HISTORY:

Ord. 3-1-2024, 4/9/2024

Any owner of private property who believes that his/her 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 thirty (30) days after the decision is made. The appeal must be filed in writing with the City Record. The Takings Appeal Board shall hear and approve and remand or reject the appeal within fourteen (14) days after the appeal is filed. The Takings Appeal Board, with advice from the City Attorney, shall review the appeal pursuant to the guidelines contained in Section 13.11.4 herein. The decision of the Takings Appeal Board shall be in writing and a copy shall be given to the appellant and to the City Council, commission or board that took the final action. The Takings Appeal Board's rejection of an appeal shall constitute final City action.

HISTORY:

Ord. 3-1-2024, 4/9/2024

There is a three (3) member Takings Appeals Board. The Mayor with the advice and consent of the City Council shall appoint three (3) members to serve on the Board. This Board will be made up of the Chairperson on the Planning Commission, a member of the City Council, and the appointed Appeal Authority. If at any time the members cannot meet to satisfy the time requirements stated above, the Mayor shall appoint a member or sufficient members to f ill the remaining vacancies.

HISTORY:

Ord. 3-1-2024, 4/9/2024

The City Attorney shall review these guidelines annually and recommend changes as warranted by the current status of the law. Nothing herein shall prevent the City Attorney from considering subsequent legal standards established by the legislature or case law after the adoption of this section.

HISTORY:

Ord. 3-1-2024, 4/9/2024