A "Constitutional taking" means actions by the City involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:
1 The Fifth or Fourteenth Amendment to the Constitution of the United States;
2 Article I, section 22, of the Utah Constitution;
3 Any court ruling governing the physical taking or exaction of private real property by a government entity.
B Actions by the City involving the physical taking or exaction of private real property is not a constitutional taking if the physical taking or exaction:
1 Bears an essential connection to a legitimate governmental interest, and
2 Is roughly proportionate and reasonably related on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest. (Ord. 1997-5, 12-10-1997)