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108. Plaintiffs are entitled to a declaratory judgment pursuant to Minn. Stat. § <br /> 555.01 as to the invalid and ineffective nature of the subdivision of the Property and as to <br /> Plaintiffs' rights associated with it. <br /> COUNT III (Orono) <br /> Granting of Easement Violated Takings Clause of the United States <br /> Constitution and of the Minnesota Constitution <br /> 109. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as <br /> if fully set forth herein. <br /> 110. The Fifth Amendment to the United States Constitution, which is made <br /> applicable to the States under the Fourteenth Amendment, provides in relevant part: "nor <br /> shall private property be taken for public use, without just compensation." <br /> 111. The Minnesota Constitution Article I, § 13 provides: "Private property shall <br /> not be taken, destroyed or damaged for public use without just compensation therefor, <br /> first paid or secured." <br /> 112. The executed Purchase Agreement existing at the time the Conservation <br /> Easement was granted is a protectable property interest in the Property. <br /> 113. To the extent the Court finds that the Conservation Easement is valid, <br /> Orono's demand to have the Conservation Easement granted to Orono as a condition of <br /> subdivision approval, and Orono's subsequent acceptance of the granted Conservation <br /> Easement, deprives Plaintiffs of the use or enjoyment of some of its property rights, has <br /> an adverse economic impact on Plaintiffs' property rights, and destroys Plaintiffs' <br /> investment-backed expectations with respect to the Property. <br /> 18 <br />