Earlier today, a judge ruled in favor of Berea College, striking down an eminent domain lawsuit brought by East Kentucky Power Cooperative (EKPC) that would have allowed the company to seize a portion of the Berea College Forest to construct a high-voltage electric transmission line.
Judge Kristin Clouse made the ruling today in Madison Circuit Court.
In a press release from Berea College, President Dr. Cheryl L. Nixon welcomed the decision, noting the College has consistently opposed the proposed route, known as the Big Hill Line, raising concerns about its potential long-term impact on the College Forest and its surrounding ecosystem.
“We’re grateful for the court’s thoughtful review and care taken in considering the unique character of the Berea College Forest,” Nixon said. “As we look ahead, we remain committed to stewarding this unique, irreplaceable place of environmental learning, historical significance, regional tourism and community use with the same care and purpose that has guided us for generations.”
Officials of Berea College say EKPC had sought to erect a transmission line and towers across more than 1.5 miles of the College Forest and within view of the East Pinnacle, Eagles’ Nest and other prominent outlook points. The route also would have brought the line in close proximity to the College’s telescope observatory.
The Forest, encompassing thousands of acres in Madison and adjacent counties, is used for education, research, recreation, sustainable forestry, wildlife preservation and watershed protection.
Judge Clouse noted that EKPC, using a methodology known as the Electronic Power Research Institute computer model, as adapted for use in Kentucky (EPRI-KY), had acted arbitrarily in failing to determine whether its chosen route would impose avoidable and disproportionate harm before proceeding with the taking.
In the ruling’s closing statement, the court held that “The College Forest has an historical, educational, environmental and communal significance that is rarely encountered in eminent domain actions, in contradiction to EKPC testimonies that ‘there is nothing unique or exceptional about the project.’ The EPRI- KY methodology is an industry standard precisely because it is designed to produce objective, data-driven results independent of improper influence.”
“But that objectivity does not relieve EKPC of its obligation to exercise reasoned judgment; nor may the decision whether to scrutinize the model’s output be delegated to the model itself. As this case demonstrates, even a reliable methodology must remain subject to careful, independent review when the circumstances warrant,” Clouse continued.
The Berea College Forest encompasses over 9,000 acres spanning Madison, Jackson, and Rockcastle Counties. The forest has been managed sustainably for more than 100 years under Berea’s conservation commitments.
