Gas and electric companies reacted with alarm back in 2009 when a jury awarded more than $20 million to a single Texas property owner whose land was taken through eminent domain by a unit of the energy company Enbridge Inc. The verdict amounted to more than 50 times what Enbridge claimed the property was worth, and major energy industry players — including the developer of the controversial Keystone XL Pipeline — flocked to support Enbridge on appeal.
On Aug. 31, to the relief of Enbridge and its many amici, Baker Botts managed to get the verdict thrown out. In a 6-3 decision, the Texas Supreme Court vacated a $21 million verdict that Avinger Timber LLC won against an Enbridge subsidiary called Enbridge Pipelines LP. The court ordered a new trial, ruling that Avinger’s expert witness used an improper methodology to calculate the fair market value of the company’s property.
