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BASIN ELECTRIC POWER COOPERATIVE, INC. v. CUTLER

No. 11208.

217 N.W.2d 798 (1974)

BASIN ELECTRIC POWER COOPERATIVE, INC., a corporation, Plaintiff and Appellant, v. Dale L. CUTLER et al., Defendants and Respondents.

Supreme Court of South Dakota.

May 8, 1974.

Attorney(s) appearing for the Case

T. R. Pardy, Mumford, Protsch, Sage & Pardy, Howard, for plaintiff and appellant.

A. William Spiry, Britton, for defendants and respondents.

DUNN, Justice.

Basin Electric Power Cooperative, Inc., hereafter referred to as Basin Electric, brought this action in the exercise of its power of eminent domain for the purpose of imposing a power line easement over the land of the respondent Cutler. The respondent owned a total acreage of 5,960 acres which composed the ranch unit in question. Basin Electric would take an easement over a 54.26-acre area, but no land title was involved as title would remain in the...

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