BASIN ELEC. POWER CO-OP., INC. v. CUTLER

No. 11689.

254 N.W.2d 143 (1977)

BASIN ELECTRIC POWER COOPERATIVE, INC., a Corporation, Plaintiff and Appellant, v. Dale L. CUTLER, Kathleen Cutler, 1st National Bank of Aberdeen, Northwestern Mutual Life Insurance Company, Cory Investment Company, Inc., Dan Cutler, and Brown County, a Public Corporation, and the sovereign State of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

Decided May 26, 1977.


Attorney(s) appearing for the Case

T. R. Pardy of Mumford, Protsch, Sage & Pardy, Howard, for plaintiff and appellant.

A. William Spiry, Britton, for defendants and respondents.


ZASTROW, Justice (on reassignment).

In the retrial of this condemnation action, the plaintiff, Basin Electric Power Cooperative, Inc. (hereinafter Basin Electric), appeals from the jury verdict and judgment awarding the defendant, Dale L. Cutler (hereinafter Cutler), $34,400 damages for a perpetual easement across Cutler's property for an electrical transmission line. We reverse.

Basin Electric's appeal presents basically two questions for consideration: ...

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