[Adopted 11-2-1993 by Ord. No. 92-04]
To provide for the general welfare, public peace, health and
safety of the citizens of Otero County, emergency passage of this
article is required to protect the citizens of Otero County from current
or potential violations of their constitutionally protected rights.
The following definition of "private property" as taken from
the Attorney General's Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings, dated June 30, 1988 (guidelines
adopted pursuant to Executive Order 12630), shall be adopted within
Otero County:
Private property includes all property protected by the Fifth
and 14th Amendments to the United States Constitution, including,
but not limited to, real and personal property and tangible and intangible
property.
Private property protections shall also include protection for
investment backed expectations.
All private property and private property rights within Otero
County as herein defined shall be fully protected under the Fifth
and 14th Amendments of the United States Constitution and under the
Civil Rights Act.
Violation of this article by the state and federal agencies
shall be deemed to be a violation of Otero County Ordinance Number
92-03.[1] Liability under this article shall be placed upon the
federal official or officials responsible for making and implementing
any decision which fails to comply with this article.
