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LA PLATA ELEC. ASS'N, INC. v. CUMMINS

No. 83CA0252.

703 P.2d 592 (1985)

LA PLATA ELECTRIC ASSOCIATION, INC., a Colorado corporation, Petitioner-Appellant, v. Louis M. CUMMINS; Leona E. O'Brien; John E. Ranne; Almeda M. Ranne; Earl W. Rounsaville, a/k/a Earl W. Rounsavill; Buckley D. Wagner, a/k/a Buck D. Wagner; Laquita J. Wagner; Bank of Durango; Rickie Lee Londe; and Clyde Demel, as Public Trustee of La Plata County, Colorado, Respondents-Appellees.

Colorado Court of Appeals, Div I.

Rehearing Denied January 31, 1985.

Certiorari Granted July 1, 1985.

Attorney(s) appearing for the Case

Maynes, Bradford & Shipps, Sara Duncan, Durango, for petitioner-appellant.

E.B. Hamilton, Jr., Durango, for respondents-appellees.

SMITH, Judge.

In this eminent domain proceeding, La Plata Electric Association, Inc., the condemning authority, appeals from a rule and order assessing $5,000 as damages to the remainder of the condemned property. We affirm.

Petitioner filed a petition in condemnation to obtain a fifty-foot-wide powerline easement, a total taking of .865 acres across the middle of a 19.533 acre parcel owned by respondents, Buckley and Laquita Wagner. The compensation issues...

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