§ 155.050. Applicant Information — Submittal.

A. 

Initial Filing Information. With the petition for review, or within seven (7) days prior to the date of hearing, the petitioner shall submit the following by affidavit:

1. 

The name of the petitioner requesting review;

2. 

The precise final action to be reviewed, including the date, the decision maker, and copies of all documentation of the decision;

3. 

If injury to an interest relating to real property is claimed, the legal description of the property and the name and business address of the current owner of the property; the form of ownership, i.e., whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other; and if owned by other than a real person, the name and address of all partners or shareholders owning ten percent (10%) or more of the outstanding shares;

4. 

A detailed description of the factual and legal grounds for the claim that the final action is unlawful or constitutes an unconstitutional taking, without just compensation; and

5. 

A description of the protectable right or property interest claimed to be affected, including a statement of any claimed or threatened damages and the basis for such computation.

B. 

Supplemental Information. If the Board determines that additional information is needed, the Board may further require legal briefing or such other information to be submitted by affidavit as may be deemed necessary for adequate and prompt review. With regard to claims of unconstitutional takings, the Board also requests:

1. 

The evidence and documentation as to the value of the property interest claimed taken, including the date and cost at the date the property was acquired. This material should include any evidence of the value of that same property before and after the alleged unconstitutional taking; the name of the party from whom purchased, including the relationship, if any, between the person requesting a review; and the party from whom the property was acquired;

2. 

The terms, including sale price, of any previous purchase or sale of a full or partial interest in the property during the three (3) years prior to the date of application;

3. 

All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three (3) years prior to the date of application;

4. 

The assessed value of, and ad valorem taxes on, the property for the previous three (3) years;

5. 

All information concerning current mortgages or other loans secured by the property, including the name of the mortgagee or lender; current interest rate, remaining loan balance and term of the loan and other significant provisions including, but not limited to, the right of purchasers to assume the loan;

6. 

All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years;

7. 

All studies commissioned by the petitioner or agents of the petitioner within the previous three (3) years concerning feasibility of development or utilization of the property;

8. 

For income-producing property, itemized income and expense statements from the property for the previous three (3) years;

9. 

Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and

10. 

Such additional information reasonably necessary, in the Board's opinion, to arrive at a conclusion concerning the nature of and the value of the alleged unconstitutional taking.

R.O. 2012 §180.050; Ord. No. 1481 §2, 5-17-2011