2-3.18 CONSTITUTIONAL TAKINGS REVIEW AND APPEAL

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the Town Council and all Commissions and Boards shall adhere to the following before authorizing the seizure or exaction of property: A. TAKINGS REVIEW PROCEDURE. Prior to any proposed action to exact or seize property, the Town Attorney shall review the proposed action to determine if a constitutional taking requiring “just compensation” would occur. The Town Attorney shall review all such matters pursuant to the guidelines established in subsection B below. Upon identifying a possible constitutional taking, the Town Attorney shall, in a confidential, protected writing, inform the Council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the Town for failure to follow the recommendation of the Town Attorney. B. TAKINGS GUIDELINES. The Town Attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article 1, 22 of the Utah Constitution. The Town Attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The Town Attorney shall also determine whether the action deprives the private property owner of all reasonable uses of the property. These guidelines are advisory only and shall not expand nor limit the scope of the Town’s liability for a constitutional taking. C. APPEAL. Any owner of private property who believes that his/her property is proposed to be “taken” by an otherwise final action of the Town may appeal the Town’s decision to the Takings Appeal Board within thirty (30) days after the decision is made. The appeal must be filed in writing with the Town Clerk. The Takings Appeal Board shall hear and approve and remand or reject the Appeal within fourteen (14) calendar days after the appeal is filed. The Takings Appeal Board, with advice from the Town Attorney, shall review the appeal pursuant to the guidelines in subsection B herein. The decision of the Takings Appeal Board shall be in writing and a copy given to the appellant and to the Town Council, Commission or Board that took the initial action. The Takings Appeal Board’s rejection of an Appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction. D. TAKINGS APPEAL BOARD. There is hereby created a ____3_____ member Takings Appeal Board. The Mayor shall appoint ____2_____ current members of the Planning Commission and the Town Attorney to serve on the Takings Appeal Board. If, at Section 2-3 Administration & Enforcement any time, ____2______ members of the Planning Commission cannot meet to satisfy the time requirements stated in subsection C above, the Mayor shall appoint a member or sufficient members to fill the vacancies. 2-3.19 NOTICE MATRIX. Legal noticing requirements often change, therefore this section shall reference the most recent legal noticing requirements. See The Cleveland Town Clerks office for most recent noticing requirements.2-4.1 POWERS & DUTIES MATRIX