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LEWIS & CLARK RURAL WATER SYSTEM v. SEEBA

Nos. 23737, 23738.

709 N.W.2d 824 (2006)

2006 SD 7

LEWIS & CLARK RURAL WATER SYSTEM, INC., a South Dakota Non-Profit Corporation, Plaintiff and Appellant, v. Loren SEEBA; Kenneth F. Seeba and Loretta M. Seeba; Irving Gedstad and Henrietta Gedstad; and the United States of America, Defendants and Appellees. Lewis & Clark Rural Water System, Inc., a South Dakota Non-Profit Corporation, Plaintiff and Appellant, v. Gary D. Buse and Dee Anna Buse, Home Federal Bank; Lincoln County, South Dakota; South Lincoln County Rural Water System, Inc.; and Evelyn Buse and Wilmer Buse, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 20, 2006.

Attorney(s) appearing for the Case

Mark F. Marshall, Monte R. Walz of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for appellants.

Mark V. Meierhenry, Patrick J. Glover of Danforth & Meierhenry, LLP, Sioux Falls, South Dakota, Attorneys for appellees.

[¶ 1.] Justice STEVEN L. ZINTER delivers the opinion of the Court on:

Issue 1, which holds that the 250 foot setback restriction in SDCL 46-8-1.2 applies to routes acquired under the provisions of SDCL ch 46-8, including routes for water pipelines; Issue 2(a), which holds that the width of the route is measured from the outside dimension of the pipeline rather than the exterior boundary of the easement; ...

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