14-3-2. Definitions.

(1) As used in this chapter, "constitutional taking" means an action by the County involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:

(a) the Fifth or Fourteenth Amendment to the Constitution of the United States;

(b) Article I, Section 22, of the Utah Constitution; or

(c) any court ruling governing the physical taking or exaction of private real property by a government entity.

(2) An action by the County involving the physical taking or exaction of private real property is not a constitutional taking if the physical taking or exaction bears an essential nexus to a legitimate governmental interest and is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development or the legitimate government interest. (Ord. 95-19, 9/12/95; Ord. 95-3, 2/21/95)