1-11-2: DEFINED:
A. “Constitutional taking” issues means a city action that involves the physical taking or exaction of private real property that might require compensation to a private real property owner because of:
1. The fifth or fourteenth amendment of the Constitution of the United States;
2. Article 1, section 22 of the Utah constitution; or
3. Any recent court rulings governing the physical taking or exaction of private real property by a government entity;
B. Actions by the city involving the physical taking or exaction of private real property is not a constitutional taking if the physical taking or exaction:
1. Bears an essential nexus to a legitimate governmental interest; and
2. A legitimate governmental interest exists for the action taken by the city; and
3. 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. 11-1-1997, 11-6-1997)