(concurring in result).
I concur in result on the basis that Walla-han’s concession that SDCL 47-21-79 is a statutory easement which permits Black Hills to enter his property for reasonable and necessary trimming of his trees requires reversal and controls this case and the subsequent jury instructions. Accordingly, Issue 3 should be discussed first as it requires reversal of this case. Issue 1 on damages and Issue 2 on treble damages should follow, and there is no need to reach Issue 4.
If we do not change the order of discussing these issues, our opinion may be as convoluted as the jury instructions and equally mislead and confuse the readers.