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B.__Alternatives to the proposed governmental action that | may: |
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| (1)__Fulfill the legal obligations of the state | agency or political subdivision; |
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| (2)__Reduce the impact on the private property | owner; or |
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| (3)__Reduce the risk of a constitutional taking; | and |
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| C.__An estimate of financial cost to the State for | compensation and the source of payment within the | agency's budget if a constitutional taking is | determined. |
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| | 3.__Economic impact and takings analyses required.__The State, | through its agencies, and all political subdivisions shall | conduct an economic impact analysis and a takings impact analysis | prior to adoption or enactment of a new governmental action. |
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| | 4.__Criteria.__In addition to the analyses required by this | subsection, each state agency and political subdivision shall | adhere, to the extent permitted by law, to the following criteria | if implementing or enforcing a governmental action that may be a | constitutional taking. |
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| A.__If a state agency or a political subdivision requires a | person to obtain a permit for a specific use of private | property, any conditions imposed on issuing the permit must | directly relate to the purpose for which the permit is | issued and must substantially advance that purpose. |
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| B.__Any restriction imposed on the use of private property | must be proportionate to the extent the use contributes to | the overall problem that the restriction is to redress. |
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| C.__If a governmental action involves a permitting process | or any other decision-making process that will interfere | with, or otherwise prohibit, the use of private property | pending the completion of the process, the duration of the | process must be kept to the minimum necessary. |
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| | 5.__Public health and safety restrictions.__Before taking a | governmental action restricting private property use for the | protection of public health or safety, the state agency or | political subdivision shall, in its internal deliberative | documents: |
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