Niesen v. Carroll Electric Cooperative Corp.

Conley Byrd, Justice.

Carroll Electric Cooperative Corporation filed an eminent domain action for a right-of-way on lands owned by Thomas G. and Ann M. Niesen and at the same time secured an order for immediate possession. The Niesens filed a counterclaim challenging the validity of the order of possession entered by the Circuit Court on the basis that the statutes upon which Carroll Electric relied were unconstitutional. In the same pleading the Niesens alleged:

“The Niesens say further that Carroll Electric has taken land in excess of the easement sought by the Complaint, that such taking is…