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1 (c) The existence and extent of any nexus or link between any <br /> 2 legitimate government interest and the action; <br /> 3 (d) The extent to which the regulation' s restrictions are <br /> 4 proportional to any impact of a particular property on any legitimate <br /> 5 government interest, in light of the impact of other properties on the <br /> 6 same governmental interests; <br /> 7 (e) The extent to which the action deprives property owners of <br /> 8 economically viable uses of the property; <br /> 9 (f) The extent to which the action derogates or takes away a <br /> 10 fundamental attribute of property ownership, including, but not limited <br /> 11 to, the right to exclude others, to possess, to beneficial use, to <br /> 12 enjoyment, or to dispose of property; <br /> 13 (g) The extent to which the action enhances or creates a publicly <br /> 14 owned right in property; <br /> 15 (h) Estimated compensation that may need to be paid under this act; <br /> 16 and <br /> 17 (i) Alternative means which are less restrictive on private <br /> 18 property and which may accomplish the legitimate governmental purpose <br /> 19 for the regulation, including, but not limited to, voluntary <br /> 20 conservation or cooperative programs with willing property owners, or <br /> 21 other nonregulatory actions . <br /> 22 (2) For purposes of this act, the following definitions apply: <br /> 23 (a) "Private property" includes all real and personal property <br /> 24 interests protected by the fifth amendment to the United States <br /> 25 Constitution or Article I, section 16 of the state Constitution owned <br /> 26 by a nongovernmental entity, including, but not limited to, any <br /> 27 interest in land, buildings, crops, livestock, and mineral and water <br /> 28 rights . <br /> 29 (b) "Damaging the use or value" means to prohibit or restrict the <br /> 30 use of private property to obtain benefit to the public the cost of <br /> 31 which in all fairness and justice should be borne by the public as a <br /> 32 whole, and includes, but is not limited to: <br /> 33 (i) Prohibiting or restricting any use or size, scope, or intensity <br /> 34 of any use legally existing or permitted as of January 1, 1996; <br /> 35 (ii) Prohibiting the continued operation, maintenance, replacement, <br /> 36 or repair of existing tidegates, bulkheads, revetments, or other <br /> 37 infrastructure reasonably necessary for the protection of the use or <br /> 38 value of private property; <br /> 3 <br />