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If not already in place, establish a procedure for review of pwposed public works expenditures <br />and proposed public acquisition or disposition of properly/'or conl'ormity with the relevant <br />plan or plans. <br /> <br />If not already in place, establish a procedure for periodic audit of plans and plan <br />implementation so that the public will be aware of progress made, difficulties encountered, and <br />changes deemed desirable. <br /> <br />Topic: The Decision-Making Process <br /> <br />A careful distinction between legislative and quasi-judicial land use decisions can help avoid taking claims. <br /> <br /> Action Checklist <br /> <br /> ~,' Be certain that you understand whether rezoning decisions in your state are truly legislative, <br /> and thus highly-discretionary decisions, or whether they are quasi-judicial decisions, subject to <br /> stringent procedural and substantive requirements. <br /> <br /> ~" When in doubt, the quasi-judicial process is always a safe one to follow. That involves: <br /> 1. Notice to affected parties <br /> <br /> 2. A/'air hearing be/ore an impartial tribunal <br /> <br /> 3. A decision based on the record at the hearing, something that is best documented <br /> through careful "findings of fact." <br /> <br /> v' Review your state statutes to determine if they provide for quasi-judicial hearings when land <br /> use decisions are limited to individual property owners and/or specific parcels. If not, draft <br /> legislation that will assure fair notice and hearing, findings of fact, and establishment of a <br /> record before an impartial tribunal. Work to assure passage of this legislation. It will provide <br /> a safety valve when actions may have onerous consequences on a few. <br /> <br />Topic: Procedural Remedies <br /> <br />Frustration with the uncertainties of litigation against local government is one of the factors motivating <br />those seeking monetary damages. The system of variances, conditional uses and other procedures/'or <br />administrative relief is outmoded. Delay in decision making also occurs, and applicants for land use <br />approvals can be so frustrated in attempting to obtain relief that they may conclude that their only hope is <br /> <br /> <br />