Colman v. Utah State Land Board: Searching for a Balanced Approach to "Takings" Under the Utah Constituitonal

In Colman v. Utah State Land Board, the Utah Supreme Court held that the leaseholder of a canal in the Great Salt Lake "alleged sufficient facts to constitute a 'taking' or 'damage' under article I, section 22 (the "just compensation clause") of the Utah Constitution. In doing so, the court retraced and reconciled the sketchy legal history of the just compensation clause. The court unanimously concluded that the clause was enacted as a "self-executing" clause. A self-executing clause provides property owners with a direct remedy for takings and damages without requiring the State to waive sovereign immunity.