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Pipeline Project Experience

General Background

During the last 20 years, the majority of  EDWARD J. BATIS & ASSOCIATES, INC.’s assignments have been involved with litigation and acquisition work on behalf of energy clients expanding or constructing interstate pipeline systems.

EDWARD J. BATIS & ASSOCIATES, INC. has extensive experience and knowledge pertaining to the valuation challenges for takings (fee, permanent easement, and temporary easement) required for the construction of underground pipelines.  The company has conducted various market studies and remainder property studies in order to assist energy clients with their acquisition projects. While the majority of the research, analysis, and testimony has pertained to Illinois properties, the company has been retained as a consultant for pipeline projects covering multiple states.


Enbridge Projects: Three Simultaneous Multi-Jurisdiction Projects

In 2012, EDWARD J. BATIS & ASSOCIATES, INC. was retained by Enbridge’s Illinois counsel to manage the valuation services for Enbridge as it acquired right of way in Illinois for its three new lines – Flanagan South (Pontiac to Quincy, IL), Line 78 (Pontiac to Griffith, IN), and Southern Access Extension (“SAX”, Pontiac to Patoka, IL).  Combined, these three projects included more than 1,900 tracts of land and 420 miles of right of way across 20 Illinois counties.


The responsibilities of EDWARD J. BATIS & ASSOCIATES, INC. for these three projects included the following:


  • Preparation of land market studies relied on by right of way agents during negotiations
  • Served as liaison between right of way agents/managers and valuation experts to facilitate transfer of documents for all properties involved in acquisition project
  • Served as liaison between attorneys (lead Illinois counsel and local counsel) and valuation experts
  • Provided written and oral testimony in front of the ICC on several occasions on the proper methodology for valuation services pertaining to partial takings, including property value and remainder property issues
  • Assisted with the preparation and submission of affidavits for ICC proceedings regarding good faith offers and proper valuation basis pertaining to final offers
  • Testimony in front of the ICC pertaining to the appropriateness and applicability of market research for remainder property issues, including damage to remainder and highest and best use issues
  • Identification, screening, and recommendation of research experts and valuation experts needed for each respective market area/geographical area
  • Coordination and management of the collection of extensive state-wide market data used for valuation and remainder property impact studies
  • Coordinating the flow of valuation and project documents for experts and recognition of privileged and non-privileged communications
  • Assisting lead counsel with disclosures for all valuation experts
  • Assisting lead counsel with preparation of affidavits and supplemental disclosures
  • Managed the market research and investigation into all claims, allegations and issues raised by landowners’ appraisers and attorneys
  • Assisted counsel with preparation of motions regarding valuation issues and admissibility/applicability of valuation evidence
  • Coordinated preparation of all valuation and remainder property issue exhibits for all motions, hearings, trials, settlement conferences, and internal team conferences
  • Assisted with the preparation of valuation and rebuttal reports for attorneys
  • Technical and market data review of all expert valuation reports
  • Assisted with preparation of witnesses for depositions and trials
  • Preparation of appraisal reports for negotiations, final offers, and trial
  • Appearance for expert testimony in circuit courts


Proven Success: $67 Million in Savings to Client

The success of the three Enbridge projects in litigation in Illinois in 2015 resulted in the rejection of more than $67 million in claims by property owners and their respective valuation experts.  The valuation strategy employed for the projects was based upon the following premises:

(1) Consistent valuation methodologies among all valuation witnesses

(2) Selection of experienced valuation witnesses competent in both geographical/local issues and technical issues pertaining to partial takings and damages

(3) Collection and coordination of a universe of remainder property data including paired-sales analysis, before and after analysis of properties encumbered with one or multiple pipelines, market participant interviews, analytical and quantitative studies of pipeline impressed properties, and published studies

(4) A comprehensive review and scrutiny of all data and opinions submitted by landowners’ experts

(5) A complete review of all valuation documents, testimony, and analysis for compliance with professional appraisal standards (USPAP; Appraisal Institute), ICC/Court requirements, and state licensing requirements.


Company Resources and Market Data

EDWARD J. BATIS & ASSOCIATES, INC. utilizes the most current technological resources to efficiently manage valuation services and coordinate the thousands of valuation and easement documents relied on by the attorneys and appraisers in a project, including a state of the art video wall/conference center for online meetings and collaborative efforts with clients, appraisers, attorneys; web-based document storage resources to facilitate the sharing of relevant documents without unnecessary duplicative efforts; an extensive state-wide GIS/KMZ database of pipeline-sales data, tax parcels, wetlands/flood plain, geographical and geological data, etc.; and, drone technology (photography and videography) to expedite the collection of market evidence pertaining to the study of properties with and without pipelines and to demonstrate the “after condition” of pipeline-impressed properties.