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private property be taken for public use, without just compensation. "); Colo. Const. Art. <br />II, § 15 ( "Private property shall not be taken or damaged for public or private use, <br />without just compensation. "); Hoery v. U.S., 64 P.3d 214, 217 -18 (Colo. 2003) <br />(describing the tort of trespass). Further, it is a crime in Colorado for a person to <br />unlawfully enter or remain upon the premises of another. C.R.S. §§ 18 -4 -503, 18 -4 -504. <br />21. The Estate is legally entitled to possession of the Subject Property and any <br />permission Eagle (or its assigns) once had to enter and use the Subject Property has been <br />terminated. Therefore, Eagle (or its assigns) cannot perform any of the activities in the <br />NOI without violating the express terms of the NOI and Colorado and/or federal law. <br />V. Conclusion <br />NOI. <br />Based on the foregoing, the Estate requests the Board to promptly terminate the <br />Respectfully submitted this 13th day of January, <br />5 <br />Paul . Seby ( #27487) <br />Moye White LLP <br />16 Market Square <br />6 Floor 1400 16 Street <br />Denver, CO 80202 <br />303- 292 -2900, phone <br />303- 292 -4510, facsimile <br />paul. sebv moy ewhite.com <br />Attorneys for the Appellant <br />01271789.DOC:2 <br />