William J. Colman, Plaintiff and Appellant v. Utah State Land Board; Ralph Miles

Summary

The court reversed dismissal of Colman's inverse-condemnation complaint arising from destruction of his brine canal during the Great Salt Lake causeway breach. It held that the alleged easement was protected property, that the alleged permanent or recurring physical destruction could constitute a taking or damaging, and that neither police power nor governmental immunity defeated the claim at the pleading stage. The court remanded for factual determinations concerning emergency necessity, the State's role in creating the emergency, the permanence of the alleged taking, and the public-trust implications of the lease.