A Madison Circuit judge has ruled in favor of Berea College in an eminent domain case.
East Kentucky Power Cooperative may not use eminent domain to take a portion of the Berea College Forest for a transmission line.
That’s what Madison Circuit Judge Kristin Clouse ruled on Thursday. East Kentucky Power proposed to build the eight-mile line on 15 acres of the forest property in Madison and Jackson counties.
In its evaluation of the project, Clouse said the utility followed sound engineering practices but failed to gather community input.
The 9,000-acre forest is open to the public and is used for both recreation and research.
Clouse said East Kentucky Power selected the transmission route without considering any of those factors, treating it no differently from an empty field or the parking lot of a dollar store.
Instead, the company used a computer model that did not take community impact into account. The program, called ERPI-KY, is approved by the Kentucky Public Service Commission for routing transmission lines.
“The Forest was not identified as an environmental avoidance under the EPRI-KY Methodology, Clouse said.
ERPI-KY is designed to avoid state and national parks, Environmental Protection Agency Superfund sites, U.S. Forest Service wilderness areas, state nature preserves, wildlife areas and designated critical habitats.
Nick Comer, a spokesman for East Kentucky Power, said the project is "an important project to maintain reliable service for thousands of electric cooperative members in southeastern Madison County.
He said the company "took an objective approach to siting the transmission line to minimize the overall impact on property owners, the environment and cooperative member.
He said East Kentucky Power plans to appeal.
Berea College was first notified of the potential condemnation when it was invited to attend a public meeting on what East Kentucky Power called the Big Hill project.
The company moved forward with taking two 50-foot-wide segments in each county for the line, estimating their combined value of $53,000.
Berea College said East Kentucky Power should pursue other solutions.
