dissenting: My dissent is limited. I agree with the majority in the assignment to Mid-America of the rights in controversy. The financial responsibility for the resolution of the conflict is to be borne by the Wietharns. In my view, however, under the facts of this case, we should remand to the trial court for an economic determination of the costs of the alternative methods of removal — the buildings or the pipeline.
The district court reasoned that, because of the location of the ten buildings, removal of the four buildings located over the pipeline right-of-way would damage the entire hog operation. Expenses in addition to the cost of building removal would be involved. The district court crafted a solution which required Mid-America to move the pipeline, the Wietharns to grant a new easement, and the costs to be shared sixty percent by Mid-America and forty percent by the Wietharns. The Court of Appeals affirmed.
Moving a gas pipeline may or may not be a highly specialized and dangerous job. Drafting a new easement may or may not present difficulties for the scrivener. Mid-America may or may not incur downtime damages during the pipeline removal. Re*252moval of the buildings from the easement, rather than pipeline removal, may or may not result in a disproportionate cost to the Wietharns.
During oral argument, counsel for both parties agreed that either the pipeline or the buildings on the easement must be moved. Both parties are apprehensive of the current situation. What is the relative cost of effecting each method of removal? This is the question to be determined upon remand. Mid-America should not incur financial loss as a result of the Wietharns’ encroachment on the easement. Because of Mid-America’s future responsibility for its pipeline, Mid-America should be in control of any pipeline removal and relocation. Adequate costs for such removal and relocation should be advanced by the Wietharns.
The economic considerations and removal details are to be determined by the district court. In the event building removal is disproportionately more costly than pipeline removal, the Wietharns should not be required to pay more than is necessary to satisfactorily resolve the conflict.
Holmes and Lockett, JJ., join in the foregoing dissent.