The City strongly favors careful consideration of matters involving constitutional taking claims, both in fairness to the owner of private property bringing a claim and in view of the uncertainty and expense involved in defending lawsuits alleging such issues. At the same time, the legitimate role of government in lawfully regulating real property must be preserved as well as the public's right to require that dedication or exaction of property be accomplished in accordance with the Constitution.
This Chapter is intended to provide a procedure as well as guidelines for the review of actions by its officers, employees, boards, or councils which will assist the City in considering decisions involving constitutional takings. This Chapter is further intended and shall be construed to objectively and fairly review claims by citizens that a specific government action should require payment of compensation, while preserving the ability of the City to lawfully regulate real property and fulfill its other duties and functions. (Ord. 1997-5, 12-10-1997)