Eminent domain case would put electric line through forest. Berea College fights it | Opinion
In 1941, the federal government condemned 14,000 acres in rural Madison County to create the Blue Grass Army Depot. They used the legal concept of eminent domain to move hundreds of people off their land, tear down homes and move at last 1,700 graves out of family cemeteries, according to historical records.
It was a long time ago, but people’s memories last a long time with that kind of trauma, said Craig Williams, an activist who helped shut down the chemical weapons plant at the Depot.
“There are some longstanding bad feelings about that process by many of the families in the area,” Williams said recently.
Now another eminent domain case is headed to Madison Circuit Court on Thursday after a two-year fight. The cause is fraught because of what’s involved: condemnation of a swath of Berea Forest for a new power line from East Kentucky Power Cooperative. The proposed 8-mile transmission line and substation is known as the Big Hill Project, and it would cut across numerous properties in Jackson and Madison County.
“I’m frustrated they (EKPC) already made a decision before they opened it up to public input,” Williams added. “It’s typical for a company of that magnitude to ramrod what they want through the process and then pretend to be interested in the public’s input, so it’s not a surprise, but it is insulting.”
Berea Forest is owned by Berea College, and serves as a research facility for faculty and students, as well as containing The Pinnacles, a beloved hiking area for the whole Bluegrass region. The college is fighting back against the eminent domain proceedings.
EKPC says the Hickory Plains substation south of Duncannon Lane is overloaded and needs more power to serve roughly customers in the Big Hill area of southeastern Madison County. College officials noted that instead of using transmission lines and rights of way that EKPC and Bluegrass Energy already own, EKPC has decided it must cut across new land, which includes Berea Forest.
“Berea College has consistently opposed the proposed route on environmental, economic, and mission-driven grounds, and has raised concerns about its potential long-term impact on the College forest — a critical educational, ecological, and community resource,” Berea College President Cheryl Nixon said in a statement. “Despite requests, EKPC has not provided the College with data demonstrating the necessity of the project or why the proposed route is the most viable option.”
EKPC spokesman Nick Comer said the past two winters of subzero-degree temperatures have really tested an already overloaded system.
“Hickory Plains feeds 4,100 meters to homes and businesses, and that is the most meters on any substation in the EKPC system,” Comer said. “EKPC is purchasing an easement, we’re not acquiring property, it’s to place its wires, also to control trees from growing up, as well as prevent structures from being built underneath the power line.”
Comer said the company had already settled with some landowners to purchase right of way easements, but Berea College and eight other landowners in Madison and Jackson counties are the holdouts.
“Eminent domain is a last resort, and if not for eminent domain, an 8.5 mile power line project would become 20 miles of rerouting instead of a straight line,” Comer said. “It would snake around to get from one point to another, and cost more money and that ends up on the power bills of every member.”
Berea College is also worried about watershed issues, and how close the line would come to and interfere with its telescope observatory. In addition, college officials said EKPC claims it is entitled to an exemption from the National Environment Policy Act, so it has not detailed what the company would do to address potential environmental hazards.
“Berea College’s forest is not simply land – it is a living classroom, a community treasure and carefully stewarded ecosystem that supports our mission of sustainability and service,” Nixon said. “We have asked for transparency, and we have yet to receive the data that demonstrates the public necessity of the route chosen for this project. Until that happens, we will continue to advocate for solutions that protect our environment, respect our property rights and serve the broader public interest.”
A new day on public projects
Eminent domain is a concept that’s hard for many people to swallow because so often the law sides with government agencies, as it did in the Blue Grass Depot case. It’s even harder to accept eminent domain cases for projects that help the bottom line of private companies. EKPC is a not-for-profit cooperative, not a national, publicly traded company like Kentucky American Water.
But in my opinion, both utilities use the threat of higher bills as arguments for upgrades they want.
Plus, suspicion is running high in society right now — naturally, the Berea Forest fight has given way to rumors that the electricity upgrades are actually about powering the Duncannon Industrial Center near I-75, or in preparation for a new data center in the area, the electricity-guzzling, water-spitting outfits that will power our new AI-filled future.
Mark Jeantheau, a neighborhood activist in Madison County said EKPC has been very secretive, but if you read between the lines, it’s clear the Big Hill project is about “freeing up more power to service Duncannon Industrial Center.
“It just has seemed very unfair to do it through some of the most pristine land left in Madison County,” he said. “They’ve been tight and uncooperative —they claimed to have several alternatives, but they wouldn’t talk about the scoring, and provided no information about the other ideas.”
Comer said the Big Hill project is entirely about local use. He said the cooperative has been contacted by data center prospects, but he knows of no current projects.
But even in Kentucky, people are pushing back against these kinds of projects. In Mason County, residents are pushing back against a proposed data center, especially because local officials have signed NDAs that have largely kept the project’s details secret. This summer, Oldham County officials dropped a data center proposal because of community opposition.
A group of Mercer County residents has started an online petition opposing a data center project in Burgin that already has 2,000 signatures.
Whitney McKnight reports for and publishes The Edge, a digital news site for Madison County. She thinks the state needs a deeper look at whether eminent domain law is being used properly.
“The issue is whether the utility is using their discretion properly — did you do the best due diligence for what your options were, and is it the least harm to people and the environment?” she said.
People are no longer willing to take corporate or government officials’ word that projects are in their best interest. It’s extremely unfortunate EKPC took the extreme route of eminent domain in a well-loved area; it would be even more unfortunate if it turns out the Big Hill project was really needed for a data center.
We’ll see what happens in the Berea Forest court case. But it’s clear that corporations can no longer run entirely roughshod over Kentuckians, or at least they can expect a few road bumps along the way.
This story was originally published February 23, 2026 at 12:13 PM.
