BASIN ELEC. POWER CO-OP. v. POINDEXTER

No. 13136.

305 N.W.2d 46 (1981)

BASIN ELECTRIC POWER COOPERATIVE, A Corporation, Plaintiff and Appellant, v. Dr. Joe POINDEXTER, Defendant and Appellee, and State of South Dakota and Faulk County, Defendants.

Supreme Court of South Dakota.

Decided April 29, 1981.


Attorney(s) appearing for the Case

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

George N. Manolis of Churchill, Manolis, Wheeler & Freeman, Huron, for defendant and appellee.


FOSHEIM, Justice.

This is an action in condemnation commenced by Basin Electric Power Cooperative to obtain a perpetual easement over certain parcels of land in Faulk County, South Dakota, for the construction and operation of an electrical transmission line. The appeal is from a verdict for appellee, Poindexter, assessing damages in the amount of $55,000. We reverse.

Appellee's land consists of 35 quarters of contiguous pasture land which he operates as a...

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