11-810

11-810. Appeals of county actions; dedication
or exaction; excessive reduction in property value; burden of
proof; attorney fees

(Rpld. 10/1/11)

A. Notwithstanding any other provision of this chapter, a property owner may appeal
the following actions relating to the owner's property by a county, or an administrative
agency or official of a county, in the manner prescribed by this section:

1. The requirement by a county of a dedication or exaction as a condition of
granting approval for the use, improvement or development of real property. This section
does not apply to a dedication or exaction that is required in a legislative act of the
board of supervisors and that does not give discretion to an administrative agency or
official to determine the nature or extent of the dedication or exaction.

2. The adoption or amendment of a zoning regulation by a county that creates a
taking in violation of section 11-811.

B. The county shall notify the property owner that the property owner has the right
to appeal the county's action pursuant to this section and shall provide a description of
the appeal procedure. The county shall not request the property owner to waive the right
of appeal or trial de novo at any time during the consideration of the property owner's
request.

C. The appeal shall be in writing and filed with or mailed to a hearing officer
designated by the board of supervisors within thirty days after the final action is
taken. The county shall submit a takings impact report to the hearing officer. No fee
shall be charged for filing the appeal.

D. After receipt of an appeal, the hearing officer shall schedule a time for the
appeal to be heard not later than thirty days after receipt. The property owner shall be
given at least ten days' notice of the time when the appeal will be heard unless the
property owner agrees to a shorter time period.

E. In all proceedings under this section the county has the burden to establish
that there is an essential nexus between the dedication or exaction and a legitimate
governmental interest and that the proposed dedication, exaction or zoning regulation is
roughly proportional to the impact of the proposed use, improvement or development or, in
the case of a zoning regulation, that the zoning regulation does not create a taking of
property in violation of section 11-811. If more than a single parcel is involved this
requirement applies to the entire property.

F. The hearing officer shall decide the appeal within five working days after the
appeal is heard. If the county does not meet its burden under subsection E of this
section, the hearing officer shall:

1. Modify or delete the requirement of the dedication or exaction appealed under
subsection A, paragraph 1 of this section.

2. In the case of a zoning regulation appealed under subsection A, paragraph 2 of
this section, the hearing officer shall transmit a recommendation to the board of
supervisors.

G. If the hearing officer modifies or affirms the requirement of the dedication,
exaction or zoning regulation, a property owner aggrieved by a decision of the hearing
officer may file, at any time within thirty days after the hearing officer has rendered a
decision, a complaint for a trial de novo in the superior court on the facts and the law
regarding the issues of the condition or requirement of the dedication, exaction or
zoning regulation. In accordance with the standards for granting preliminary injunctions,
the court may exercise any legal or equitable interim remedies that will permit the
property owner to proceed with the use, enjoyment and development of the real property
but that will not render moot any decision upholding the dedication, exaction or zoning
regulation.

H. All matters presented to the superior court pursuant to this section have
preference on the court calendar on the same basis as condemnation matters, and the court
shall further have the authority to award reasonable attorney fees incurred in the appeal
and trial pursuant to this section to the prevailing party. The court may further award
damages that are deemed appropriate to compensate the property owner for direct and
actual delay damages on a finding that the county acted in bad faith.