Case Name: E. Tenn. Natural Gas Co. v. 7.74 Acres (Click here for the full text of the case)

Court: United States Court of Appeals for the 4th Circuit

Date: May 22, 2007

Expert: Real Estate Appraisers. Frank Porter & Dennis Gruelle

Issue: Whether the expert testimony of appraisers is admissible to show that the best use of Plaintiff’s property was as commercial real estate.

Summary of case: A gas company exercised eminent domain over plaintiff’s land to create a fifty-foot wide easement for a gas pipeline and plaintiff sued for just compensation. The expert testimony on each side disputed the testimony on the other side, but the jury in the lower court ruled for the plaintiff.

Role of the expert: Plaintiff’s expert appraisers valued the land as being most appropriate for commercial use before the pipeline was built and most appropriate for residential or agricultural use after the pipeline was built.

Challenges to the Expert's testimony: Defendant challenged the basis of Porter and Gruelle’s just compensation calculations. In these calculations, the appraisers compared plaintiff’s property to other similar property to determine the decrease in value caused by the gas pipeline. The court ruled that the lower court’s decision to admit the expert testimony was reasonable because it met the Daubert Standard and was not an abuse of discretion.

Summary prepared by C. Wood, Student, University of California, Hastings College of the Law