Court reinstates pipeline trespassing claims

Landowner can proceed with claims against energy distributor

Published On: Mar 13 2013 06:38:11 AM CDT
MADISON, Wis. -

A Wisconsin appeals court says a Superior landowner can proceed with trespassing claims against an energy distributor.

Enbridge Energy built three pipelines in 2002 and 2009 beneath Jeremy Engelking's land. Engelking and his family sued the company for trespassing. Enbridge argued an existing easement the company had on the land gave it the right to enter the property.

A Douglas County judge dismissed the trespass claims, but ordered Enbridge to pay the family $4,000 in compensation.

The 3rd District Court of Appeals reinstated the trespass claims on Tuesday. The court ruled the judge wrongly concluded the easement extended to the entire property, noting the easement's language is not clear.

Enbridge's attorney didn't immediately return a message.