§ 34.16 DEFINITION.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   CONSTITUTIONAL TAKING.

      (1)   Actions by the county involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:

         (a)   The Fifth or Fourteenth Amendment to the Constitution of the United States;

         (b)   Utah Constitution Article I § 22; or

         (c)   Any court ruling governing the physical taking or exaction of private real property by a government entity.

      (2)   Actions by the county involving the physical taking or exaction of private real property is not a CONSTITUTIONAL TAKING if the physical taking or exaction:

         (a)   Bears an essential nexus to a legitimate governmental interest; and

         (b)   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. 1995-2-1, passed 2-21-1995)