Skip to main content
Loading…
This section is included in your selections.

The city council, or individual or body designated by it, shall review the facts and information presented by the applicant to determine whether or not the action by the city constitutes a “constitutional taking,” as defined in section 1-11-2 of this chapter. In doing so, they shall consider:

A. Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest.

B. Whether a legitimate governmental interest exists for the action taken by the city.

C. Are 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. 11-1-1997, 11-6-1997)