Basin Electric Power Cooperative, Inc. v. Cutler

ZASTROW, Justice (on reassignment).

In the retrial of this condemnation action, the plaintiff, Basin Electric Power Cooperative, Inc. (hereinafter Basin Electric), appeals from the jury verdict and judgment awarding the defendant, Dale L. Cutler (hereinafter Cutler), $34,400 damages for a perpetual easement across Cutler’s property for an electrical transmission line. We reverse.

Basin Electric’s appeal presents basically two questions for consideration: (1) was the *145evidence of the irrigation potential of the property so speculative and remote so as to be inadmissible, and (2) should Basin…