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Environment & Energy Report

Pipeline Operator Gets Redo on Property Owners’ Easement Awards

Feb. 11, 2020, 5:44 PM

UGI Sunbury LLC will have a chance to slash the compensation it must pay for natural gas pipeline easements after the Third Circuit found the evidence given by the landowners’ valuation expert was unreliable.

The expert witness for the landowners, Don Paul Shearer, failed to meet the reliability standard of Rule 702 of the Federal Rules of Evidence because his testimony was speculative and subjective, the court said.

Shearer presented a “damaged goods theory,” asserting that the property was stigmatized by the presence of the natural gas pipeline, creating a loss of value. Shearer estimated that the value of David...

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