CHAPTER 10
CONSTITUTIONAL TAKING ISSUES
SECTION:
1-10-1: Purpose
1-10-2: Definition
1-10-3: Guidelines
1-10-4: Analysis
1-10-5: Appeals
1-10-6: Limitations
1-10-1: PURPOSE:
The purpose of this chapter is to provide advisory guidelines for the town to assist the town in identifying actions that involve physical taking or exaction of private real property that may have constitutional taking issues. (Ord. 2003-03, 5-21-2003)
1-10-2: DEFINITION:
As used herein:
CONSTITUTIONAL TAKING ISSUES: Actions involving the physical or regulatory taking of private real property by the town that might require compensation to a private real property owner under:
   A.   The fifth or fourteenth amendment of the constitution of the United States;
   B.   Article I, section 22 of the Utah constitution; or
   C.   Any recent court rulings governing the physical or regulatory taking of private real property by a governmental entity. (Ord. 2003-03, 5-21-2003)
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