PRATT v. STATE, DEPT. OF NATURAL RESOURCES

No. 51180.

309 N.W.2d 767 (1981)

Sheldon PRATT, Respondent, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, by Robert L. Herbst, Its Commissioner, Appellant.

Supreme Court of Minnesota.

August 28, 1981.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., and Tibor M. Gallo, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Ryan, Ryan & Ruttger and Thomas J. Ryan, Brainerd, for respondent.

Heard, considered and decided by the court en banc.


SIMONETT, Justice.

This is an appeal by the state from a decision of the district court finding a compensable 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...

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