14-3-5. Review of decision.

Any owner of private real property who claims there has been a constitutional taking by the County of the owner's property shall request a review of the final decision constituting the alleged constitutional taking. The following are the specific requirements for such a review:

(1) The person requesting a review must have obtained a final decision from which the review is being requested.

(2) Within 30 days from the date of the final decision, the person requesting the review shall file, in writing, in the office of the County Commission, an application for review of that decision. A copy of the application shall also be filed with the County Attorney's office.

(3) In addition to the written request for review, the applicant must submit, prior to the date of the review, the following:

(a) the name of the applicant requesting review;

(b) the name and business address of the current owner of the property, the form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, the name and address of all principal shareholders or partners;

(c) a detailed description of the grounds for the claim that there has been a constitutional taking, including any legal authority supporting the claim;

(d) a legal description of the property taken;

(e) evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired and any evidence of the value of that same property before and after the alleged constitutional taking, the name of the party from whom purchased, including the relationship, if any, between the person requesting the review and the party from whom the property was acquired;

(f) the nature of the protectable interest claimed to be affected, such as fee simple ownership or leasehold interest;

(g) the terms, including sale price, of any previous purchase or sale of a full or partial interest in the property within three years prior to the date of application;

(h) all appraisals of the property prepared for any purpose, including financing, offering for sale or ad valorem taxation, within three years prior to the date of application;

(i) the assessed value of and ad valorem taxes on the property for the previous three years;

(j) all information concerning current mortgages or other loans secured by the property, including the name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, the right of purchasers to assume the loan;

(k) all listings of the property for sale or rent, price asked and offers received, if any, within the previous three years;

(l) all studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility of development or utilization of the property;

(m) for income producing property, itemized income and expense statements from the property for the previous three years;

(n) information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and

(o) additional information requested by the County Commission which they deem reasonably necessary to arrive at a conclusion concerning whether there has been a constitutional taking.

(4) Upon written notice by the County Commission that the application is complete, it shall be considered as submitted. The County Commission shall then set a time to review the decision that gave rise to the constitutional takings claim. The County Commission shall promptly notify an applicant when the application is complete.

(5) The County Commission shall hear all the evidence related to and submitted by the applicant, the County, or any other interested party.

(6) A final decision on the application shall be rendered within 14 days from the date the complete application for review has been received by the County Commission. The decision of the County Commission shall be given in writing to the applicant and the officer, employee, board, or commission that rendered the final decision giving rise to the constitutional takings claim. (Ord. 95-19, 9/12/95; Ord. 95-3, 2/21/95)