Pursuant to state code (UBC 63L-4-201), there is an underlying policy in the city favoring the serious and careful consideration of matters involving constitutional taking claims. There is a desire for fairness to the owner of private property bringing the claim in view of the uncertainty and expense involved in defending law suits alleging such issues. At the same time, the legitimate role of the city 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, this subchapter establishes procedures for the review of actions that may involve constitutional takings as well as providing guidelines for such considerations.
(Ord. 2008-001, passed - -2008)