LD 1990
pg. 5
Page 4 of 6 An Act to Require Economic and Taking Impact Analyses to Protect Individual Rig... Page 6 of 6
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LR 2411
Item 1

 
A.__A decision by a state agency that may result in a
constitutional taking must be appealed under Title 5,
chapter 375, subchapter VII.

 
B.__Each political subdivision shall enact ordinances that
establish a procedure for review of a governmental action
that may result in a constitutional taking and meet the
requirements of this section, including the following
requirements.

 
(1)__Any owner of private property whose interest in
the property is subject to a taking or exaction by a
political subdivision may appeal the political
subdivision's decision within 30 days after the
decision is made.

 
(2)__The legislative body of the political subdivision,
or an individual or body designated by it, shall hear
and approve or reject the appeal with 14 days after it
is submitted.

 
(3)__If the legislative body of the political
subdivision fails to hear and decide the appeal within
14 days, the decision is deemed approved.

 
10.__Public processes.__All activities related to the
regulatory process or to land acquisition for preservation or any
other public uses are subject to the open government and open
meeting provisions of Title 1, chapter 13.__Notwithstanding the
provisions of Title 1, section 405, subsection 6, all aspects of
the regulatory process and land acquisitions for public purposes
must be open and accessible to the public.

 
11.__Effective date.__This subchapter takes effect January 1,
2001.

 
Sec. 2. Federal and state court decisions regarding constitutional takings. The State
and political subdivisions of the State shall comply with the
legal principles set forth in the following state and federal
court cases that address constitutional takings issues:

 
1. Cordeco Development Corp. v. Vasquez (354 F. Supp. 1355,
1972);

 
2. Dolan v. Tigard (512 U.S. 687, 1994);

 
3. Hafer v. Melo (502 U.S. 21, 1991);

 
4. Nollan v. California Coastal Commission (483 U.S. 825,
1987);


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