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ENBRIDGE PIPELINE v. AVINGER TIMBER

No. 06-09-00046-CV.

326 S.W.3d 390 (2010)

ENBRIDGE PIPELINE (EAST TEXAS) L.P., Appellant, v. AVINGER TIMBER, L.L.C., Appellee.

Court of Appeals of Texas, Texarkana.

Decided October 27, 2010.

Attorney(s) appearing for the Case

Thomas E. Sheffield , Kemah, for appellant.

Glenn A. Sodd , W. Jason Sodd , Jody Sodd McSpadden , Dawson, Sodd, Ellis & Hodge, LLP, Corsicana, Christopher S. Johns , Dawson, Sodd, Ellis & Hodge, LLP, Austin, John R. Mercy , Mercy * Carter * Tidwell, LLP, Texarkana, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

I. INTRODUCTION

Is the value of a bare and undeveloped tract of rural real estate equivalent to the value of rural real estate that (1) has been leased by the owner to several gas companies for over thirty years as a gas processing plant, (2) has more than fifteen pipelines entering the property, and (3) has all the proper permits for use as a gas processing plant? The condemnor, Enbridge Pipeline, argues yes...

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