(A) The county recognizes the importance of property rights established by the federal and state constitutions. One purpose of this plan, as authorized by Idaho Code § 67-6502(a), is to protect property rights and enhance property values. The county recognizes that major changes in the use of property inevitably affect the entire community. The freedom to make such changes is meaningful only when land owners accept responsibility for the consequences of their actions, and avoid or mitigate adverse impacts. This plan and the accompanying Development Code provide guidance for land owners seeking to fulfill that responsibility.
(B) The 1995 legislature amended state’s Local Planning Act to require that a property rights element be added to local comprehensive plans. The legislature also expanded the state’s regulatory takings statute to cover local governments. These two implementation strategies respond to the direction provided by the legislature.
(1) The County Planning and Zoning Commission and the County Commissioners will consider the potential impact of this plan or the County Development Code on property rights. In doing so, they will use the guidelines prepared by the state’s Attorney General.
(2) The County Development Code will include a procedure for the review of claims that a county decision has affected a taking of property without compensation, as prohibited by the Fifth Amendment of the U.S. Constitution.
(Ord. 2007-8-13B, passed 8-13-2007)