2-5-102. DEFINITIONS.
(1) "Constitutional Taking" means:
a. Actions by the City involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:
i. The Fifth or Fourteenth Amendment to the Constitution of the United States;
iii. Any Court ruling governing the physical taking or exaction of private real property by a government entity.
b. Actions by the City involving the physical taking or exaction of private real property is not a constitutional taking if the physical taking or exaction:
i. Bears an essential nexus to (a);
ii. Is a legitimate governmental interest; and
iii. Is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest.