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COOPERATIVE POWER ASS'N v. AASAND

No. 49732.

288 N.W.2d 697 (1980)

COOPERATIVE POWER ASSOCIATION, (by the Board of Directors thereof), Appellant, United Power Association (by the Board of Directors thereof), Appellant, v. Jevon AASAND, et al., Respondents-Below, Harold E. Larsen and Inez I. Larsen, Respondents, State of Minnesota, Intervenor.

Supreme Court of Minnesota.

January 11, 1980.

Attorney(s) appearing for the Case

LeFevere, Lefler, Pearson, O'Brien & Drawz, John E. Drawz and Charles L. LeFevere, Minneapolis, for Cooperative Power Assn.

LeVander, Gillen, Miller & Magnuson, Roger C. Miller and Timothy J. Kuntz, South St. Paul, for United Power Assn.

Paul A. Skjervold, Minneapolis, for respondents.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Karen G. Schanfield, Sp. Asst. Atty. Gen., St. Paul, for intervenor State of Minn.

Heard, considered and decided by the court en banc.

SHERAN, Chief Justice.

This appeal arises from an action by respondents Harold and Inez Larsen to compel appellants Cooperative Power and United Power Associations to condemn a fee interest in land owned by respondents pursuant to Minn.Stat. § 116C.63, subd. 4 (1978). Section 116C.63, subd. 4 provides that when a utility condemns a designated right-of-way of a route, "the property owner shall have the option to require the utility to condemn a fee interest in...

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