(A) There is a policy of the town, 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 lawsuits alleging such issues.
(B) At the same time, the legitimate role of the town 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.
(C) Consistent with this policy, this subchapter establishes a procedure for the review of actions that may involve the issue of constitutional takings, as well as providing guidelines for such considerations.
(D) This chapter 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, while preserving the ability of the town to lawfully regulate real property and fulfill its duties and functions.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1701)