(a) General
Any applicant for a development permit who is adversely affected or aggrieved by a determination by the Hearing Officer or Planning and Zoning Commission, or Community Development Director or Board of County Commissioners, and where such applicant contends that the determination constitutes a taking of all economically beneficial use of private property without just compensation in violation of the United States or Colorado constitutions, the property owner shall, as a prerequisite to appeal or judicial review of the decision, request a hearing pursuant to this section before the Board.
(b) Time-frame for Appeal
An application for a takings determination shall be submitted no later than fifteen (15) working days from the date of decision that the applicant believes constitutes a taking of all economically beneficial use of the property. Within forty-five (45) working days of the receipt of a written request for a hearing pursuant to this section, the Board shall conduct a hearing, and within fifteen (15) working days after such hearing shall render its decision.
(c) Applicability
In the event that a petition is submitted under this section, the County's determination on the underlying application shall not be considered final for purposes of judicial review until the takings determination to be made under this section has been decided by the Board.
(d) Standards
The Board shall determine whether the property owner will be denied all reasonable use and economic return on the property as a result of the questioned determination. If the Board determines that a taking pursuant to that standard has or may occur, it shall take such action as it deems appropriate to remedy the situation. In making its decision the Board shall consider the value of the property as a whole and shall not base its decision on the impact of the regulation on one portion of the ownership interest. In making its determination the Board shall consider the beneficial uses that remain in the property notwithstanding the challenged determination and shall give due consideration to the reasonable investment-backed expectations of the landowner.
(e) Relief
In the event the Board determines that a taking of all economically beneficial use of private property may have occurred, the Board may direct the issuance of a TDR pursuant to Secs. 2-40-30 and 6-70 or may award other relief that would be available pursuant to this Land Use Code.
(f) Qualified Experts
The Board may, in its discretion, seek the assistance of qualified experts in evaluating the information submitted and the opinions of the property owner regarding the alleged taking.