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.
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