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1.23.010. Policy considerations

            There is an underlying policy in the City, strongly 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 law suits alleging such issues.  At the same time, the legitimate role of government 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, it is desired that a procedure be established for the review of actions that may involve the issue of a constitutional taking.  These provisions are to assist governments in considering decisions that may involve constitutional takings.  It is intended that a procedure for such a review be provided, as well as guidelines for such considerations.  This ordinance is further intended and shall be construed to objectively and fairly review claims by citizens that a specific government action should require payment of just compensation, yet preserve the ability of the City to lawfully regulate real property and fulfill its other duties and functions.


Ord. No.97-35, Recodified, 6/19/1997

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