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that property in the Condemnation Action, however, it has clearly taken that property and intends <br />to retain an ownership interest in that property for a period of 10 years. <br />22. Golden has not paid the Plaintiffs compensation for the taking of the remainder <br />property, Parcel 2.' Neither MAI, nor Everist or Golden, has paid the Plaintiffs any royalties for the <br />Stockpiled Material which was mined from their property, although, upon information and belief, <br />Golden has received royalties for that material. <br />FIRST CLAIM FOR RELIEF <br />(Inverse Condemnation against Golden) <br />23. Plaintiffs adopt and incorporate by reference each of the allegations contained in <br />paragraphs 1 through 22, <br />24. Golden has the power of eminent domain and has exercised that power to acquire a <br />portion of property owned by the Plaintiffs for the construction and operation of a reservoir. <br />25. Golden, through its agents and contractors, has taken part of [he remainder property <br />owned by the Plaintiffs, which property was not requested as part of the Condemnation Action, for <br />purposes of stockpiling material excavated from the reservoir site. <br />26. Upon information and belief, Golden alleges that the Stockpiled Material on the <br />subject property was material excavated from the reservoir site and, therefore, the storage of material <br />serves a public purpose. Golden has received royalties from the sale of the material on the subject <br />property, and is entitled to future royalties from the sale of the remaining material, which Golden <br />will not require to be removed until the year 2013. <br />27. Golden has intentionally and substantially deprived the Plaintiffs of the use and <br />enjoyment of the subject property, and has not compensated Plaintiffs for the taking. <br />28. Golden has, therefore, taken property without just compensation and is liable for a <br />taking of the subject property. Colo. Const. Art. II, § 15; Fowler Irrevocable Trust 1992-1 v. Citv <br />ofBoulder, 992 P.2d 1188 (Colo. App.1999)(rev'd ondifferent grounds in Fowler Irrevocable Trust <br />1992-1 v. Ciry ofBoulder, 17 P.3d 797 (Colo. 2001)). <br />' In the Condemnation Action, Golden was permitted to acquire immediate possession of <br />an easement on a portion of Parcel 2 which was outside of its original leasehold interest. The <br />property which it has no authority to possess, the remainder portion of Parcel 2, is the subject of the <br />Plaintiffs' claims against Golden. <br />-5- <br />