MONTANA-DAKOTA UTILIT. v. PARKSHILL FARMS

28174.

905 N.W.2d 334 (2017)

2017 S.D. 88

MONTANA-DAKOTA UTILITIES CO. and Otter Tail Power Company, Plaintiffs and Appellees, v. PARKSHILL FARMS, LLC, Reuben Parks, Vera Parks, and Ordean Parks, Defendants and Appellants, and Web Water Development Association, Inc., Kermit Parks, and Estate of Orion E. Parks, Defendants.

Supreme Court of South Dakota.

OPINION FILED December 13, 2017.


Attorney(s) appearing for the Case

JASON R. SUTTON , THOMAS J. WELK of Boyce Law Firm, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

N. BOB PESALL , Flandreau, South Dakota, Attorney for defendants and appellants.


[¶ 1.] Through formal condemnation proceedings, Montana-Dakota Utilities Co. and Otter Tail Power Co. (collectively, "Utilities") obtained easements to construct a powerline across four parcels belonging to Parkshill Farms LLC and Reuben, Vera, and Ordean Parks.1 The Parkses appeal, arguing...

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