3.19 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 City Council and all Commissions and the Appeal Authority 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 City Attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The City Attorney shall review all such matters pursuant to the guidelines established in subsection B below. Upon identifying a possible constitutional taking, the City Attorney shall, in confidential and protected writing, inform the Council, Commission or Appeal Authority of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the City for the failure to follow the recommendation of the City Attorney. B. TAKINGS GUIDELINES. The City 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 I, Section 22 of the Utah Constitution. The City 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 City Attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand nor limit the scope of the City'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 City may appeal the City's decision to the Takings Appeal Board within 30 days after the decision is made. The appeal must be filed in writing with the City Recorder. The Takings Appeal Board shall hear and approve and remand or reject the Appeal within 14 calendar days after the appeal is filed. The Takings Appeal Board, with advice from the City 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 City Council, Commission or Board that took the initial action. The decision of the Takings Appeal Board 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 three-member. The decision of the Takings Appeal Board shall be in writing and a copy given to the appellant and to the City Council, Commission, or the Appeal Authority that took the initial action. The Mayor shall appoint three to serve on the Takings Appeal Board. If, at any time, three Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026. members 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.