§ 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.