An opinion out of Union County Circuit Court means that a Boise, Idaho-based utility needs to pay “just compensation” for entries onto a property along the proposed Boardman to Hemingway power transmission line — but first the company and the property owners need to agree on what just compensation is.

LA GRANDE — An opinion out of Union County Circuit Court means that a Boise, Idaho-based utility needs to pay “just compensation” for entries onto a property along the proposed Boardman-to-Hemingway power transmission line.

However, the company and property owners need to first agree on what just compensation is.

In his opinion, Circuit Court Judge Wes Williams determined that Idaho Power could not enter the property of 516 Ranch Partnership to conduct certain surveys and tests without providing compensation to the landowners — Douglas, Mallory and Madeline Bean.

Williams found that under Oregon statute, Idaho Power can enter the property without the owner’s consent to examine, survey, test and collect samples. The statute also appropriates a right to physically invade the property to conduct these

actions.

However, the United States Supreme Court set precedent that this is per se physical taking, which requires “just compensation” under the Fifth Amendment.

“In conclusion, (Idaho Power Company) may not enter (516 Ranch Partnership’s) property to conduct the surveys, tests and samples without paying ‘just compensation,’” Williams wrote.

He added that Idaho Power will need to come to an agreement with the Beans to determine compensation. If no agreement can be reached, then action to condemn the property can begin through the courts.

Background on the case

In March, Idaho Power filed a petition seeking precondemnation entry onto the 516 Ranch Partnership-owned property after its owners did not respond to multiple requests to access the land dating back to 2021.

The Boise-based company is represented by attorneys Timothy Helfrich and Zach Olson, of the Yturri Rose firm in Ontario. The respondents — the Beans of 516 Ranch Partnership and For the Girls LLC — are represented by attorney Brent Smith of the Baum Smith firm in La Grande.

516 Ranch Partnership owns about 12,000 acres of ranch and timber land in Union County, where the property owners raises cattle, harvests timber and allows hunting for a fee, according to court records. The property, which lies along the proposed path of the B2H power line, has characteristics unique to northeast Oregon, such as open grasslands, forested ridges and ravines. It is home to many native plants and animal species, as well as significant cultural and archeological sites.

A utility corridor already crosses the property, which is used by several utility companies, as well as the Confederated Tribes of the Umatilla Indian Reservation and the Oregon Water Resource Department. These groups have negotiated easements in order to enter the property and access the corridor. However, the repeated entries does impact the Beans, as it takes time away from ranching operations, costing them time and money.

Construction is slated to start this year on the 293-mile line, which will run from near Boardman to near Murphy, Idaho. Idaho Power projects that it will be completed by June 2026.

The company is required to ensure the project’s path complies with both permitting and siting requirements, including that the transmission line does not conflict with protected resources. In order to do this, Idaho Power needs to conduct surveys, tests and collect

samples.

The firm sought entry onto the Bean’s property to conduct 10 surveys, tests and samplings. This includes an appraisal field visit, land survey, geotechnical drilling or access, three-toed woodpecker and northern goshawk surveys, gray owl and flammulated owl surveys, rare plant inspection, wetlands inspection, terrestrial visual encounter survey, noxious weeds survey and a cultural, archaeological and historic properties management plan inspection.

While Idaho Power could not say how many entries would be required to conduct these tests, Williams wrote in his opinion that the company may need to make upward of 32 visits.

The Oregon statute on real-property precondemnation entry allows the condemner — in this case Idaho Power Company — to enter without the owner’s consent to conduct examinations, surveys and tests, plus collect samples.

516 Ranch Partnership objected to the entry and requested that the court deny the petition. The Beans agreed that entry falls within “longstanding background restrictions on property rights.”

However, they argued that eight of the 10 tests or surveys would constitute regulatory taking of private property because the requested entry would interfere with their right to exclude and would not fall within the longstanding restrictions.

Stop B2H Coalition and Idaho Power respond

Jim Kreider, co-chair of the Stop B2H Coalition with Irene Gilbert, said that the coalition believes property owners should be compensated for their time to supervise Idaho Power’s land surveys and to ensure they’re being done correctly. While this was the coalition advice to the landowners, Kreider said he was not sure how many of them actually took it.

Some landowners negotiated directly with the Boise-based power company for compensation, but Kreider believes Williams’ opinion is the first time the issue has been addressed in court.

However, he added that because the Oregon Department of Energy has issued the site certificate for the B2H transmission line, processes are in place for Idaho Power to conduct over-the-fence analysis of property when landowners refuse access. They can look at adjacent properties and satellite imagery to extrapolate necessary information without entering the specific property.

Idaho Power could not comment on Williams’ opinion because the case is still in ongoing litigation, according to Communications Specialist Sven Berg.