Opinion

US West Communications, Inc. v. Public Utilities Commission

  • 505 N.W.2d 115
  • 1993 S.D. LEXIS 103
  • 1993 WL 303782
Court
South Dakota Supreme Court
Filed
Aug 11, 1993
Status
Published
Author
Sabers
On the bench
Miller, Henderson, Sabers, Amundson, Fitzgerald, Wuest
Cited by
67 cases

The opinion

SABERS, Justice

(concurring specially).

I write specially to point out that SDN’s facilities have not been constructed and have not physically replaced USWC’s facilities yet. Likewise, “fifty miles of USWC’s cable facilities” have not yet been stranded. Therefore, because the PUC’s order is reversed by us, there has been a taking in theory only and the majority’s statement that “USWC is entitled to compensation for inverse condemnation” is premature and in error. The opinion should not hold that “USWC is entitled to compensation for inverse condemnation” without additional explanatory or limiting language.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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