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As used in this Chapter, a “constitutional taking issue” or “constitutional taking” means 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:

(1) the Fifth or Fourteenth Amendments of the Constitution of the United States;

(2) Article I, Section 22, of the Utah Constitution; or

(3) any recent court rulings governing the physical taking or exaction of private real property by a government entity.

(Rep&ReEn 1999-34)