7th Circuit Finds Pipeline Easement Valid Despite Lack of Use

CHICAGO - Minimal maintenance in a pipeline that was not used from 1988 to 2006 was sufficient to preserve an easement across property owned by private landowners, the 7th Circuit Court of Appeals has ruled. Enbridge Pipelines (Illinois) L.L.C. v. Moore, et al., Nos. 10-22678, 10-2305, 10-2313 and 10-2850 (7th Cir.).

The Circuit Court on Jan. 7 affirmed judgments for Enbridge Pipelines (Illinois) LLC in consolidated appeals of 18 judgments arising from challenges to easements obtained by an Enbridge predecessor in 1939.

Enbridge's dispute with about 25 landowners began when the company announced plans to build a 170-mile long, 36-inch …