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Re: big-yank post# 357781

Friday, 10/28/2016 11:01:17 AM

Friday, October 28, 2016 11:01:17 AM

Post# of 797134
"Why would "intent" matter in a takings claim? Property was either taken improperly, or it wasn't. Right?"

Per Dunn v. City of Milwaukie, a takings claim requires a showing of intent to take. A taking can not occur "accidentally".

But even if no intent (or motive) was required for a takings to occur, we have so many other potential claims here other than takings...contract breach, fraud, fiduciary breach, legislative mandates, criminal...some already raised and some just waiting for the discovery to complete to see if it can be raised.