Basin Electric Power Cooperative v. Payne

MORGAN, Justice.

This appeal arises from an order of the trial court finding that Basin Electric Power Cooperative (Basin), a corporation, had the “right to take,” by condemnation pursuant to SDCL Ch. 21-35, an easement across appellants’ land. Appellants urge bad faith and abuse of discretion as to the location of the easement and error in the trial court’s failure to remand the matter to the Public Utilities Commission (PUC) for hearing. We affirm.

The easement in question is one of several which Basin sought to acquire across parts of South Dakota from the North Dakota border to a substation…