| | | 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); |
|
|