Cimarron River Ranch wants lines removed, sues Tri-County
by C.F. David
According to documents first filed on Aug. 25, in Cimarron County District Court, the Cimarron River Ranch, (CRR) has filed a lawsuit against Tri-County Electric CoOp, (TCEC).
In the suit, CRR points out that they have installed a circle pivot irrigation system on land the ranch bought from Monty Joe and Vicki Roberts in April of 2005.
Tri-County's power lines have, according to documents filed by the company been running across the land for more than 50 years, and that it has a legal right to maintain their lines. The line was originally constructed across the property so that neighbors of the Roberts could receive electricity more easily and at less expense.
In the suit, the ranch has offered a permanent easement along established roadways. Tri-County counter offered to move the lines to roadway, at CRR's expense.
Cimarron River Ranch responded that TCEC holds no legal valid easement, citing a case from 1925 where a long established roadway, (constructed with verbal permission), does not give and will not ripen into, an easement by prescription.
Jack Perkins, spokesperson for TCEC, said by phone that it is their position that the line has been there for more than 50 years and that they, (Tri-county) have a right to be there in spite of not having an easement.
The case is due in the courts on Nov. 17. barring postponements
Boise City News