001 of 1995 - An ordinance pertaining to a the review of actions by the City that may have constitutional taking iSALT LAKE CITY ORDINANCE
No. 1 of 1995
(An ordinance pertaining to a
the review of actions by the City
that may have constitutional taking issues.)
AN ORDINANCE ENACTING CHAPTER 64 OF TITLE 2 OF THE SALT LAKE
CITY CODE, RELATING TO REVIEW OF ACTIONS BY THE CITY THAT MAY
HAVE CONSTITUTIONAL TAKING ISSUES.
WHEREAS, recent changes in the State Code require the City
to consider and adopt a policy relating to potential
constitutional taking issues; and
WHEREAS, the City deems it to be in the best interest of its
citizens to adopt a policy relating to the review of actions by
the City that may involve an unconstitutional taking of private
property without just compensation; and
WHEREAS, this policy is not intended to expand nor limit the
scope of the City's liability for an unconstitutional taking, nor
impose any liability upon the City for failure to comply with
this policy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALT
LAKE CITY, UTAH, AS FOLLOWS:
SECTION 1. That Chapter 64 of Title 2 of the Salt Lake City
Code, relating to review of actions by the City that may have
constitutional taking issues, be, and the same hereby is, enacted
as follows:
Chapter 2.64
Constitutional Takings
2.64.010 Purpose/Intent.
Private property owners should be treated fairly and should
not be unconstitutionally deprived of real property interests
without just compensation. This chapter shall be construed to
provide for the objective and fair review of claims by persons
asserting deprivation of vested real property rights or
interests, without just compensation. Nothing contained herein
shall be construed to limit the ability of the City to lawfully
fulfill its duties and functions.
2.64.020 Review of Decision by Mayor.
Any owner of private real property or a real property right
who claims there has been an unconstitutional taking of their
property, without just compensation, shall petition for a review
of a final decision of any City officer, employee, board,
commission, or the Council. Consistent with the separation of
powers which is integral to the City's form of government, the
Council hereby designates the Mayor to hear and consider such
petitions. The Mayor may delegate such responsibility to another
individual.
2
2.64.030 Review Procedures.
The following procedures for review of a final decision
shall be followed:
A. Final Decision. The person petitioning for review
shall obtain a final decision before requesting review.
B. Petition for Review. Within thirty (30) days from the
date of the final decision, the person requesting the review
shall file, in the office of the City Recorder, a written
petition for review of that decision. A copy shall also be filed
with the City Attorney.
C.
Hearing Date. The Mayor, or the Mayor's designee, shall
set a time to review the decision that gave rise to the petition
as soon as reasonably practical. The Mayor, or the Mayor's
designee, shall hear and consider the evidence related to and
submitted by the petitioner, the City or other interested
parties.
designee,
In the discretion of the Mayor, or the Mayor's
the hearing may be oral or based upon written
submittals.
D. Applicant Information Submittal.
1. Initial Filing Information. In addition to the
petition for review, the petitioner shall submit, within 7
days prior to the date of the review, the following:
3
a. The name of the petitioner requesting review;
b. The name and business address of the current
owner of the property; the form of ownership, i.e. whether
sole proprietorship, for -profit or not -for -profit
corporation, partnership, joint venture or other; and if
owned by other than a real person, the name and address of
all partners or shareholders owning 10% or more of the
outstanding shares;
c. A detailed description of the factual and
legal grounds for the claim that there has been a
unconstitutional taking, without just compensation;
d. A legal description of the property allegedly
taken and a detailed description of the nature of the
property; and
e. A description of the protectable property
interest claimed to be affected.
2. Supplemental Information. If the Mayor, or the
Mayor's designee, determines that there may be an
unconstitutional taking, and additional information is
needed, the Mayor, or the Mayor's designee, may further
require the following to be submitted:
a. The evidence and documentation as to the value
4
of the property interest claimed taken, including the date
and cost at the date the property was acquired. This
material should include any evidence of the value of that
same property before and after the alleged unconstitutional
taking; the name of the party from whom purchased, including
the relationship, if any, between the person requesting a
review; and the party from whom the property was acquired;
b. The terms, including sale price, of any
previous purchase or sale of a full or partial interest in
the property during the three years prior to the date of
application;
c. All appraisals of the property prepared for
any purpose, including financing, offering for sale, or ad
valorem taxation, within the three years prior to the date
of application;
d. The assessed value of and ad valorem taxes on
the property for the previous three years;
e. All information concerning current mortgages
or other loans secured by the property, including the name
of the mortgages 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
5
purchasers to assume the loan;
f. All listings of the property for sale or
rent, price asked and offers received, if any, within the
previous three years;
g•
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;
h. For income producing property, itemized
income and expense statements from the property for the
previous three years;
i. Information from a title policy or other
source showing all recorded liens or encumbrances affecting
the property; and
7•
The Mayor, or the Mayor's designee, may
request additional information reasonably necessary, in
their opinion, to arrive at a conclusion concerning the
nature of and the value of the alleged unconstitutional
taking.
2.64.040 Reviewing Guidelines.
The Mayor, or the Mayor's designee, shall review the facts
and information presented by the petitioner and determine if the
6
action by the City constitutes a unconstitutional taking. In
doing so, the City Attorney's office shall serve as legal counsel
and shall be consulted. The Mayor, or the Mayor's designee shall
review the facts in light of the applicable state and federal
constitutional law.
2.64.050 Time for Final Decision.
If the Mayor, or the Mayor's designee, fails to hear and
decide the petition within 14 days after the filing of the
petition, the administrative decision of the City officer,
employee, board, commission, or the Council shall be deemed
approved; provided, however, the Mayor, or the Mayor's designee,
may extend the time to reach a decision, not exceeding an
additional 120 days following the receipt of the information
required pursuant to this chapter, if prior to the expiration of
the 14 day period, the Mayor, or the Mayor's designee notifies
the petitioner, in writing, of such extension.
2.64.060 Results of Review.
After completing the review, the Mayor, or the Mayor's
designee, shall make a determination regarding the petition and,
if determined to be necessary and appropriate, make a
recommendation to Council or the appropriate officer, employee,
board, commission.
7
After completing the review, the Mayor, or the Mayor's
designee, shall make a determination regarding the petition and,
if determined to be necessary and appropriate, make a
recommendation to Council or the appropriate officer, employee,
board, commission.
2.64.070 Guidelines Advisory.
The guidelines adopted and decisions rendered pursuant to
the provisions of this chapter are advisory, and shall not be
construed to expand or limit the scope of the City's liability
for an unconstitutional taking of a vested property interest.
The decision rendered pursuant to the provisions of this chapter
is not admissible in court for any purpose other than to
demonstrate that the petitioner has exhausted the requisite
administrative remedies, and in no event shall any recommended
compensation be admissible into evidence.
SECTION 2. EFFECTIVE DATE. This ordinance shall take
effect on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
3rd day of January , 19 95 .
CHAIRPERSON
8
ATTEST:
IEF DEPU CITY RECORDER
Transmitted to the Mayor on
Mayor's Action:
ATTEST:
CH
eyee
•
224
B
A
.
January 3, 1995
XXX Approved
CITY RECORDER
" .,
Published: January
1
11,
MAYOR
of 1995.
1995
9
Vetoed
1
�`p1A
iF'r."%t1 rn6Y`a
Sell Sawa .� (o r
�..�. •ate:: -,;:...
Date