B.__Establish that the governmental action substantially advances the purpose of protecting public health and safety against the specifically identified risk;

C.__Establish, to the extent possible, that the restrictions imposed on the private property are proportionate to the extent that the use contributes to the overall risk; and

D.__Estimate, to the extent possible, the potential cost to the government if a court determines that the governmental action constitutes a taking.

If there is an immediate threat to public health and safety that constitutes an emergency and requires an immediate response, the analyses required by this subsection may be made when the response is completed.__Before the state agency or political subdivision implements a governmental action that may be a constitutional taking, the state agency or political subdivision shall submit a copy of the assessment set forth in this subsection to the Governor and the joint standing committee of the Legislature having jurisdiction over state and local government matters.

6.__Permit review expenses.__The State and a political subdivision may not require a property owner to bear the direct cost of any permit review expenses required by state or local agencies as part of any permitting process.__A property owner may not be assessed the cost of a takings impact analysis or an economic impact analysis conducted by the State or any political subdivision.

7.__Application; exception.__This Act applies to all new laws, policies, regulatory actions and local ordinances proposed after the effective date of this Act.__It does not apply when the State or any political subdivision formally exercises its power of eminent domain.

8.__Adoption of rules.__Each state agency shall adopt rules and each political subdivision shall adopt bylaws and ordinances to assist in carrying out the requirements of this Act.__State agency rules are routine technical rules under Title 5, chapter 375, subchapter II-A. Rules, ordinances or bylaws required under this subsection must be established within 120 days of the effective date of this subchapter.

9.__Review of decisions.__Decisions of the State and political subdivisions may be appealed as follows.