Tuolumne County Municipal Code Ch. 1.24 Avoiding Unconstitutional Takings of Property

Sections:

• 1.24.010

• Who may file petition.

• 1.24.020

• Filing of petition.

• 1.24.030

• Handling of petition.

• 1.24.040

• Action by board of supervisors.

who feels that imposition of a particular county ordinance, rule, regulation or requirement would, under the circumstances of that particular case, constitute an unconstitutional taking of his/her or her property within the meaning of either the state or federal constitution may file a petition with the clerk of the board of supervisors. (Ord. 1688 § 1 (part), 1989).

filed within thirty days of the imposition of the ordinance, rule, regulation or requirement. The petition must be in writing on a form available through the clerk of the board of supervisors, and must contain all information petitioner wishes the board of supervisors to consider. (Ord. 1688 § 1 (part), 1989).

board of supervisors will refer a copy of the petition to the county counsel's office for report to the board of supervisors' agenda within one month. The clerk of the board of supervisors shall notify the petitioner of the date and time at which the matter will appear on the agenda of the board of supervisors. (Ord. 1688 § 1 (part), 1989).

board of supervisors shall consider the petition and report from the county counsel's office and, to the extent necessary to avoid an unconstitutional taking, may alter or amend the rule, regulation or requirement as applied in that particular case. Alternatively, the board of supervisors may agree to compensate the petitioner for the taking of property to the extent it is constitutionally required. (Ord. 1688 § 1 (part), 1989).

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