(A) The County Commission shall review the facts and information presented by the applicant to determine whether or not the action by the county constitutes a constitutional taking as defined in this subchapter.
(B) In doing so, it shall consider:
(1) Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest;
(2) Whether a legitimate governmental interest exists for the action taken by the county; and
(3) Is the property and exaction taken roughly proportionate and reasonably related, on an individual property basis, both in nature and extent to the impact caused by the activities that are the subject of the decision being reviewed.
(Ord. 1995-2-1, passed 2-21-1995)