Basin Electric Power Cooperative v. Cutler

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 landowner. There will be 15 towers on the Cutler
property resting on a total of .13 acres of land. Three towers will be located in the Southeast Quarter of Section 17, two
in the Northwest Quarter of Section 21, two in the Southwest Quarter of Section 21, one in the Southeast Quarter of Section
21, three in the Northeast Quarter of Section 28, one in the Southeast Quarter of Section 28, and three in the Southwest Quarter
of Section 27. All of the towers will be situated on hayland or pasture land. A trial to a jury was held and it was found
that there had been a $5.00 an acre decrease in value for each acre of the 5960-acre unit for a total award of $29,800. Basin
Electric appeals from this judgment.