Section 2.70.030 Guidelines

Chapter 2.70 CONSTITUTIONAL TAKING ISSUES

The following guidelines shall be considered by the City when taking any action that might result in taking of private real property.

A. Identification. The city should review the following to determine and identify whether a proposed governmental action raises constitutional taking issues.

1. Does the action result in a permanent physical occupation of private property?

2. Does the action require a property owner to dedicate property or grant an easement to the City?

3. Does the action deprive the property owner of all economically viable uses of the property?

4. Does the action have a severe impact on the property's owner's economic interests?

5. Does the action deny a fundamental attribute of ownership?

(Ord. 2003-13, Add, 04/02/2003)