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BASIN ELEC. POWER CO-OP. v. PAYNE

No. 12954.

298 N.W.2d 385 (1980)

BASIN ELECTRIC POWER COOPERATIVE, a Corporation, Plaintiff and Appellee, v. Harold PAYNE, Lloyd Payne, and Alma Bowman, Defendants and Appellants, and Hand County, Defendant.

Supreme Court of South Dakota.

Decided November 12, 1980.

Attorney(s) appearing for the Case

John F. Murphy of Donley & Murphy, Elk Point, for plaintiff and appellee.

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for defendants and appellants.

MORGAN, Justice.

This appeal arises from an order of the trial court finding that Basin Electric Power Cooperative (Basin), a corporation, had the "right to take," by condemnation pursuant to SDCL Ch. 21-35, an easement across appellants' land. Appellants urge bad faith and abuse of discretion as to the location of the easement and error in the trial court's failure to remand the matter to the Public Utilities Commission (PUC) for hearing. We affirm.

The easement...

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