(A) Any owner of private real property who claims there has been a constitutional taking of private real property shall request a review of a final decision of any county officer, employee, board, commission, or council.
(B) The following are specific procedures established for such a review.
(1) The person requesting review must have obtained a final and authoritative decision from the county agency involved in the disputed decision.
(2) Within 30 days from the date of the final decision that gave rise to the concern that a constitutional taking has occurred, the person requesting the review shall file in writing, in the office of the County Clerk, a request for review of that decision. A copy shall also be filed with the County Attorney.
(3) Within ten days of receipt of the notice requesting review, the County Commission, or an individual, or body designated by the County Commission, shall set a date and time to review the decision that gave rise to the claim of constitutional taking.
(4) In addition to the written request for review, the applicant must submit, prior to the date of the review, the following in writing:
(a) Name of the applicant requesting review;
(b) Name and business address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, name, and address of all principal shareholders or partners;
(c) A detailed description of the grounds for the claim that there has been a constitutional taking;
(d) A detailed description of the property taken;
(e) Evidence and documentation as to the value of the property allegedly taken, including the date and cost of the property at the time the property was acquired by the current owner. This should include any evidence of the value of that same property before and after the alleged constitutional taking and the name of the party from whom purchased, including the relationship, if any, between the person requesting a review and the party from whom the property was acquired;
(f) A statement concerning the nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;
(g) Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three years immediately preceding the date of review;
(h) All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years immediately preceding the date of review;
(i) The assessed value of and ad valorem taxes on the property for the three years immediately preceding the date of review;
(j) All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan, and other significant provisions, including but not limited to, the right of purchasers to assume the loan;
(k) All listings of the property for sale or rent, price asked and offers received, if any, within the three years immediately preceding the date of review;
(l) All studies commissioned by the petitioner or agents of the petitioner within the three years immediately preceding the date of review concerning feasibility of development or utilization of the property;
(m) For income producing property, itemized income and expense statements from the property for the three years immediately preceding the date of review;
(n) Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and
(o) The County Commission or its designee may request additional information reasonably necessary, in its opinion, to arrive at a conclusion concerning whether there has been a constitutional taking.
(5) An application for review shall not be deemed “complete” or “submitted” until the reviewing body/official certifies to the applicant, in writing, that all the materials and information required in division (B)(4) above have been received by the county. The reviewing body/official shall promptly notify the applicant of any incomplete application.
(6) At the review hearing, the County Commission or the individual or body designated by it, shall hear all the evidence related to and submitted by the applicant, the county, and/or any other interested party.
(7) A final decision on the review shall be rendered within 14 days from the date the complete application for review has been received by the County Clerk. The decision of the County Commission or its designee shall be rendered in writing to the applicant and the officer, employee, board, commission, or council that rendered the final decision that gave rise to the constitutional takings claim.
(8) If the County Commission fails to hear and decide the review within 14 days, the decision appealed from shall be presumed to be approved.
(Ord. 1994-2, passed 12-12-1994)