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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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