Pratt v. State, Department of Natural Resources

SIMONETT, Justice.

This is an appeal by the state from a decision of the district court finding a com-pensable taking of plaintiff’s property by reason of a legislative change in the character of the water in three sloughs from private to public. The appeal is from an order denying the state’s motion for a new trial. We remand for further proceedings.

In 1975 the state advised Sheldon Pratt he could no longer harvest the wild rice on his property by mechanical picker but had to do it by hand flailing. Since Mr. Pratt felt this would substantially reduce the profitability of his wild rice…