Title 9 Administration of the Government

9-5-303. Guidelines and checklist for assessment of takings.

(a) The attorney general shall develop guidelines and a checklist by October 1, 1995, to assist government agencies in the identification and evaluation of actions that have constitutional implications that may result in a taking. The attorney general shall review and update the checklist and guidelines to maintain consistency with changes in the law. (b) In formulating the guidelines and checklist, the attorney general shall consider the following: (i) A description of how the action or regulation affects private property; (ii) The likelihood that the action or regulation may constitute a taking; (iii) The statutory purpose to be served by the action or regulation; (iv) Whether the action or regulation advances that purpose; (v) Whether the restriction imposed is proportionate to the overall problem; (vi) An estimate of the agency's financial liability should the action or regulation be held to constitute a taking of private property; (vii) Alternatives considered by the agency, or proposed by the public, which would reduce the impact of the regulation upon private property; (viii) Any other relevant criteria as may be determined by the attorney general.