§ 19.04

Whereas, the Fifth and Fourteenth Amendments to the United States Constitution provides that private property shall not be taken for a public use without payment of just compensation and without due process; and

Whereas, the Supreme Court of the United States has also examined those constitutional protections and affirmed that such taking shall not occur. [See First Evangelical Lutheran Church of Glendale v. County of Los Angeles 107 S.Ct. 2378 (1987), reaffirming the Constitutional right granting compensation to a private property owner for a governmental regulation that deprived that owner of the reasonable economic use of his property, even though the deprivation or taking was only temporary; and, Nolan v. California Coastal Commission 107 S.Ct. 3141 (1987), requiring that governmental land use decisions or regulations be narrowly focused on the public benefit as compared to the necessity of taking private property.]; and

Whereas, on March 18, 1988, Presidential Executive Order 12630 was enacted and requires all federal agencies to analyze the economic effects or takings implications on the private property, private property rights and investment backed expectations of individual citizens; and

Whereas, pursuant to that Executive Order and Supreme Court Cases, the Attorney General for the United States has promulgated guidelines that define private property and property rights and established a procedure for federal agencies and departments to utilize in analyzing the effects of their proposed rules, action and decisions on private property; and

Whereas, the board of supervisors of Modoc County endorse the private property protections guaranteed by the U.S. Constitution and desire to ensure that those protections and rights are afforded to the citizens of Modoc County; and

Whereas the board of supervisors finds that to provide for the general welfare, public peace, health and safety of the citizens of Modoc County, emergency passage of the ordinance codified in this chapter is required to protect the citizens of Modoc County from current or potential violations of their Constitutionally protected property rights;

Now, therefore, the board of supervisors of Modoc County ordains and adopts the provisions set out in this chapter.

(Ord. 313 §1(part), 1995)

19.04.020 - Adoption of definition of private property.

The following definition of private property as taken from the Attorney General's Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings, dated June 30, 1988 (Guidelines adopted pursuant to Executive Order 12630) shall be adopted within Modoc County:

A.

"Private property" includes all property protected by the Fifth and Fourteenth Amendments to the United States Constitution, including but not limited to, real and personal property and tangible and intangible property.

B.

"Private property protections" shall also include protection for "investment backed expectations".

(Ord. 313 §1(part), 1995)

All private property and private property rights within Modoc County as hereinabove defined shall be fully protected under the Fifth and Fourteenth Amendments of the U.S. Constitution, the Civil Rights Act and this chapter.

(Ord. 313 §1(part), 1995)

Violations of this chapter by the state and federal agencies shall be deemed a criminal matter and the potential punishment imposed upon the determination of guilt pursuant to law shall be as provided in Chapter 1.16 of this code.

Liability under this chapter shall be placed upon the federal official or officials responsible for making and implementing any decision which fails to comply with this chapter.

(Ord. 313 §1(part), 1995)

If any provision of this chapter or the application thereof is held invalid, such invalidity does not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to those ends the provisions of this chapter are severable.

(Ord. 313 §1(part), 1995)

Chapter 19.05 - PROTECTION OF THE LIVESTOCK INDUSTRY OF MODOC COUNTY IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC RANGELANDS IMPROVEMENT ACT OF 1978 AND RELATED STATUTES