Put differently, the party must give the trial court an opportunity to rule on the issue as a matter of law at trial. See generally Bd. of Cty. Comm’rs v. Rodgers , 2015 CO 56, ¶ 14, 355 P.3d 1253 (summary judgment and directed verdict employ the same standard — judgment as a matter of law). ¶49 Here, Gary preserved this argument when he reraised it during trial and sought a directed verdict on the civil theft claim.

The district court determined that the highest and best use of those acres was gravel mining, but not water storage as well. ¶ 16 The determination of a property's highest and best use is generally a factual question for the jury unless the evidence of highest and best use is so improbable or speculative that it should be excluded from the jury as a matter of law. City of Quincy v. Diamond Constr. Co ., 327 Ill.App.3d 338, 261 Ill.Dec. 141, 762 N.E.2d 710, 715 (2002) ; cf. Bd. of Cty. Comm'rs v. Rodgers , 2015 CO 56, ¶¶ 13, 15-17, 355 P.3d 1253 (explaining that, after presentation of evidence, if the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may resolve the issue against the party as a matter of law). ¶ 17 After DPG's experts testified about the Property's highest and best use, the district court determined, as a matter of law, that the evidence was too speculative to support a finding that water storage was the highest and best use of Cell C. We review that legal conclusion de novo.