An eminent domain case involving Berea College will continue, as East Kentucky Power has appealed a Madison Circuit judge’s ruling.
Earlier this month, Judge Kristin Clouse ruled that East Kentucky Power could not take property from the Berea College Forest through eminent domain for a transmission line.
The utility last week filed a notice of appeal.
Ashley Wilmes, executive director of the Kentucky Resources Council, praised Clouse’s ruling. Wilmes said the judge faulted East Kentucky Power for a lack of transparency.
“The court was also critical of EKPC for not seeking community input until, basically, the decision for the route was already made,” she said. “And so they were making decisions purportedly for the public good without actually engaging the local public.”
Wilmes said the case is similar to one where Louisville Gas & Electric sought to condemn part of the Bernheim Forest in Bullitt County for a gas line. However, LG&E ultimately prevailed.
“I certainly hope that the appeals process in this case turns out differently, but I think that the court's order did a really good job of explaining why the decision here in the case of EKPC, was arbitrary.”
Wilmes said her organization plans to file a court brief in support of Berea College.
The private college manages 9,000 acres of forested land in Madison County and uses it for both research and recreation. Opponents of the Big Hill transmission line say the project could adversely affect views and wildlife habitats.
LG&E and KU is a financial supporter of WEKU.
