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BRIDLE BIT RANCH CO. v. BASIN ELEC. POWER

Nos. 04-134, 04-136.

118 P.3d 996 (2005)

2005 WY 108

BRIDLE BIT RANCH COMPANY, a Wyoming Corporation; Jerry and Barbara Dilts Family Limited Partnership, a Wyoming Limited Partnership; Floyd C. Reno & Sons, a Wyoming corporation; Leland J. Turner; Karen Turner; Jennifer Louise Turner; Wendy Christine Turner; Karen Turner, Conservator of the Estate of Michael William Turner, (a minor); Patricia L. Isenberger Litton, formerly Patricia Louise Isenberger, and Gene Litton, Wife and Husband, Petitioners, v. BASIN ELECTRIC POWER COOPERATIVE, a North Dakota Corporation, Respondent. Robert R. Roush and Dona M. Roush, Husband and Wife; and Innes Ranch, LLC, a Wyoming Limited Liability Company, Petitioners, v. Basin Electric Power Cooperative, a North Dakota Corporation, Respondent.

Supreme Court of Wyoming.

September 7, 2005.

Attorney(s) appearing for the Case

Tad T. Daly and Matthew R. Sorensen of Daly Law Associates, P.C., Gillette, Wyoming, for Petitioners Bridle Bit Ranch Company, et al. Argument by Mr. Daly.

Stephen N. Sherard and Rex E. Johnson of Sherard, Sherard and Johnson, Wheatland, Wyoming, for Respondent Basin Electric Power Cooperative. Argument by Mr. Sherard.

Charles R. Hart and Lynn M. Smith of Hart & Smith, Sheridan, Wyoming; and Nancy D. Freudenthal of Davis & Cannon, Cheyenne, Wyoming, for Petitioners Robert R. Roush and Dona M. Roush, et al. Argument by Ms. Freudenthal.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.

HILL, Chief Justice.

[¶ 1] Employing its powers of eminent domain, the Respondent, Basin Electric Power Cooperative (Basin), sought to condemn a right-of-way through a portion of Campbell County in order to build a 230-kilovolt (kV) power transmission line. Basin asserted that the transmission line was necessary so as to provide additional electrical power to areas of Campbell County where coal bed methane (CBM) is being developed and to otherwise enhance the...

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