Lewis & Clark Rural Water System, Inc. v. Seeba

[¶ 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;

*828Issue 2(b), which holds that “other buildings on the premises” include grain bins and sheds located on the same farmstead as the dwelling house; Issue 2(c), which holds that the route proposed by…