12.8.1. Standard. In furtherance of the purpose and intent of this section relief under this section may be granted where a court of competent jurisdiction likely would determine that a final action by the County has caused a regulatory taking of property and a judicial finding of liability would not be precluded by a cognizable defense, including public nuisance, lack of distinct reasonable investment-backed expectations, failure to establish all or substantially all loss of economic use and value of the property in the same ownership taking into account the available property interest in transfers of development rights granted by this Ordinance, whether utilized or not, statutes of limitation, laches, or other preclusions to relief. Whether such liability, at the time of application under this section is likely to be established by a court shall be determined based on applicable statutory and case law at the time an application is considered under this Section.

12.8.2. Burden. The applicant shall have the burden of showing that relief under this Section is appropriate.

See SECTION 12: BENEFICIAL USE AND VALUE DETERMINATION for complete, detailed information.