FORM 62-13 COMPLAINT IN INVERSE CONDEMNATION

• Jurisdiction: Oregon

Form 62-13 Complaint in Inverse Condemnation

IN THE___COURT OF THE STATE OF OREGON FOR THE COUNTY OF___

JOHN FEE and RUTH FEE, husband and wife, Plaintiffs,

v.

CITY OF FORT ROCK, a municipal corporation, Defendant. Plaintiffs allege:

Case No.___

COMPLAINT

(INVERSE CONDEMNATION)

1.

During all times hereinafter mentioned, the above-named City of Fort Rock was and is a municipal corporation incorporated and existing under the constitution and laws of the State of Oregon and authorized to develop and provide a municipal water supply system, facilities, and services in Pacific County, Oregon.

2.

By authority of the City Charter and ORS 223.005, the City of Fort Rock is authorized to condemn and appropriate real property for public and municipal use.

3.

At all material times, plaintiffs were and are the owners of the real property described in Exhibit 1 attached hereto and by reference incorporated herein.

4.

On or about August 1, 1992, defendant, without first purchasing or condemning any of the plaintiffs' real property, entered on and took physical possession of the real property described in Exhibit 2, attached hereto and by reference incorporated herein, and established, constructed, and located two water mains thereon. The property described in Exhibit 2 is a part of the property described in Exhibit 1.

5.

Those acts constituted a taking and appropriation of plaintiffs' private property for public purposes without payment of just compensation in violation of Article 1, section 18, of the Oregon Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.

6.

The true...