LD 1990
pg. 3
Page 2 of 6 An Act to Require Economic and Taking Impact Analyses to Protect Individual Rig... Page 4 of 6
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LR 2411
Item 1

 
B.__Alternatives to the proposed governmental action that
may:

 
(1)__Fulfill the legal obligations of the state
agency or political subdivision;

 
(2)__Reduce the impact on the private property
owner; or

 
(3)__Reduce the risk of a constitutional taking;
and

 
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.

 
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.

 
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.

 
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.

 
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.

 
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.

 
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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