City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 7. Chapter 28. Constitutional Taking Issues
7-28-1. Purpose.
(Ord. 2003-07, 04-02-03)
7-28-2. Definition.
(1) The Fifth or Fourteenth Amendments of the United States Constitution;
(2) Article I, Section 22 of the Utah Constitution; or
(3) Any recent court rulings governing the physical or regulatory taking of private real property.
(Ord. 2003-07, 04-02-03)
7-28-3. Guidelines.
(1) Does the action result in a permanent or recurring physical occupation of private property?
(2) Does the action require a property owner to dedicate property or grant an easement to the City?
(3) Does the action create or otherwise impose a permanent or ongoing nuisance, originating on City property, that impacts neighboring lands so that their owners or occupants sustain a special and unreasonable interference with the quiet enjoyment of their property?
(4) Does the action interfere with a fundamental attribute of ownership such as the right to reasonable access, the right to light, air and view within the right-of- right way of an abutting public street, or the right to exclude others from private property?
(5) Does the action unreasonably interfere with a separately protected and vested right, such as the right to continue a nonconforming use; the right to have an application reviewed under the law that was in effect when a complete application was submitted; the right to obtain legally issued subdivision plat approvals, building permits, or licenses; or other protected property interests?
(6) Does the action impose a severe economic burden that is inappropriately unfair when considered in light of (a) the burden placed on the property owner, (b) the nature of the government action and benefit, and (c) the property owner’s investment-backed expectations?
(7) Does the action deprive the property owner of all economically viable use of the property in a situation where the proposed use does not constitute a nuisance or a severe threat to health and safety?
(8) Does the action limit the use of private property without substantially advancing a legitimate public interest?
(9) Can the City demonstrate by an individualized determination that any conditions, dedications or exactions imposed as a condition of approval of development applications place only fair and roughly proportionate burdens on development, offsetting the burdens that the proposed development places on public utilities, streets and other services but not imposing additional burdens on development that the community as a whole should bear?
(10) Does the action discriminate against property owners, imposing restrictions or burdens on one property owner that other similarly situated property owners do not bear?
(Ord. 2003-07, 04-02-03)
7-28-4. Analysis.
(1) The effect the potential taking would have on the use or value of the private property;
(2) The likelihood that the action may result in a constitutional taking;
(3) Any alternatives to the proposed action that would fulfill the City’s lawful objectives and reduce the risk of a constitutional taking;
(4) The cost to the City for payment of compensation if a taking is determined.
(Ord. 2003-07, 04-02-03)
7-28-5. Appeal.
(Ord. 2003-07, 04-02-03)
7-28-6. Limitation.
(Ord. 2003-07, 04-02-03)
7-28-7. Legal action.
(Ord. 2003-07, 04-02-03)
Click Here for a .pdf copy of Title7 Chapter28
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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