By Bernheim
BERNHEIM DISAPPOINTED COURT OF APPEALS AFFIRMS CONDEMNATION RULING, STILL FIGHTING AGAINST LGE PROPOSED GAS PIPELINE IN COURTS AND WITH REGULATORY AGENCIES
Bernheim filed an appeal to the March 31, 2023, Bullitt Circuit Court opinion in the case of Louisville Gas & Electric Company v. Isaac W. Bernheim Foundation and Kentucky Heritage Land Conservation Fund. The opinion found that LG&E had the “right to take” the easement that it sought for the construction of a 12’’ natural gas pipeline across property owned by Bernheim. The appeal was based on several significant questions related to conservation properties in the Commonwealth that are secured with public funds or encumbered by conservation easements.
We received notice on April 19, 2024, that the Court of Appeals had affirmed the opinion and concluded that LG&E has the right to condemn an easement across the 494-acre conservation property that functions as a wildlife corridor.
Bernheim is obviously disappointed and respectfully disagrees with the decision of the Court of Appeals. The idea that the legislature could, by law, make an easement, acquired by the state in return for public money granted to purchase land for conservation, disappear when a utility wants to condemn a pipeline across the land is a troubling one. We are considering next steps, including asking the state Supreme Court to review the issues.
We continue to vigorously defend this public dedication of this property to conservation purposes, with several permitting issues unresolved and a separate Kentucky Supreme Court case that has been submitted and is expected to be decided later in 2024. Bernheim appreciates all those who have supported our efforts against this condemnation challenge.