The following guidelines shall be considered by the town when taking any action that might result in the physical or regulatory taking of private real property:
A. Identification: The town should review the following to determine and identify whether a proposed governmental action raises constitutional taking issues.
1. Does the action result in a permanent physical occupation of private property?
2. Does the action require a property owner to dedicate property or grant an easement to the town?
3. Does the action deprive the property owner of all economically viable uses of the property?
4. Does the action have a severe impact on the property owner's economic interest?
5. Does the action deny a fundamental attribute of ownership? (Ord. 2003-03, 5-21-2003)