Eminent Domain: Procedure; Texas Pipeline: Condemnation Court Jurisdiction, Procedure and Review: Admissibility of Expert Testimony

摘要

Enbridge seeks to condemn land for a pipeline owned by the Simpson Family and their corporate entity Avinger Timber. In 1973, some 23.79 acres out of a 419-acre tract is leased to a company for the purpose of building and operating a gas processing facility. The lease was for 10 years with a continuing option to renew every 10 years. The annual rent was $500.00. In 1984, the lease is renewed for 15 years with an increase in the annual rental payment to $4000.00. In 1998, the lease is again renewed, but on different terms. The duration is shortened to three years with a three-year option and the annual rent is increased to $22,650.00. The perpetual option to renew was eliminated. In 2001, me lease is renewed for another mree year period. Prior to the 2004 expiration Enbridge sends an offer of $35,685.00 to purchase me fee interest. A condemnation petition is filed by an Enbridge entity that is a public utility and thus has me right of eminent domain. Avinger does not appear at the commissioners' hearing which awards it $47,580.00. Avinger objects to me default award and seeks a trial on the issue of the fair market value of the interest. Both parties proffer expert witnesses on the value of the land.