124.64(A) Nothing in this Chapter or Chapter 125 shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation or the abrogation of vested rights. Any property
alleging that this Chapter or Chapter 125, as applied, constitutes or would constitute a temporary or permanent taking of private property or of an abrogation of vested rights must affirmatively demonstrate the legal requisites of the claim and may not pursue such a claim in court or before the
, unless he or she has first exhausted the remedies as provided in this Section.
124.64(B) Prior to pursuing a claim in court or before any argument is made or evidence is presented to the
regarding an alleged taking of private property or an abrogation of vested rights, the property
shall file an application with the
for a takings or vested rights determination. The application shall be accompanied by a fee as set by resolution of the
and contain a sworn statement as to the basis upon which the alleged taking or vested rights are asserted. The
, after a public hearing, shall make a written determination as to whether the property
has established a temporary or permanent taking of private property or an abrogation of vested rights.
(Ord. 2010-21, passed 10-4-2010)