# US West Communications, Inc. v. Public Utilities Commission

> South Dakota Supreme Court · August 11, 1993 · 505 N.W.2d 115

URL: https://www.frixlaw.com/law-library/cases/9722109

## Case

- **Full name:** US WEST COMMUNICATIONS, INC., Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF SOUTH DAKOTA, Appellee
- **Court:** South Dakota Supreme Court
- **Decided:** August 11, 1993
- **Citations:** 505 N.W.2d 115; 1993 S.D. LEXIS 103; 1993 WL 303782
- **Precedential status:** Published
- **Opinion:** Concurrence by Sabers
- **Judges:** Miller, Henderson, Sabers, Amundson, Fitzgerald, Wuest
- **Cited by:** 67 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9722109

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9722109. Public record. Not legal advice.