Attorneys Argue Idaho Power's Right to Condemn B2H Easements in Baker Court

A five-and-a-half-hour session in Baker County Circuit Court focused attention on whether Idaho Power can lawfully take private easements across Baker Valley for the 293-mile Boardman-to-Hemingway transmission line, putting local farms and bank-owned parcels at stake. The dispute centers on whether state authorization gives Idaho Power the right to use eminent domain to secure rights-of-way through this valley.

Plaintiffs in the case include Charles M. Colton & Sons Inc., Community Bank, John Arthur Rohner and Rohner Farms Inc., represented by Baker City attorney Andrew Martin. Idaho Power is represented by Ontario lawyer Timothy Helfrich, who filed the condemnation complaint in October 2024. Martin filed a motion for summary judgment in August, and the motion was at the heart of an earlier, hour-long hearing before Judge Matt Shirtcliff on Dec. 29. "If Shirtcliff grants the motion it would in effect dismiss the lawsuit and leave Idaho Power without legal access to the Baker Valley property."

The legal authority Idaho Power relies on stems from a certificate of public convenience and need issued by the Oregon Public Utility Commission on June 29, 2023, which authorized the company to file condemnation suits. Idaho Power began filing such suits in September 2023 and has initiated more than 30 actions across Malheur, Baker, Union, Umatilla and Morrow counties, including 21 in Baker County. Many complaints remain unresolved, though in several cases judges have granted Idaho Power temporary permission to occupy properties while cases proceed. The company has deposited more than $1.5 million for eminent domain cases in Baker County; "Landowners are entitled to withdraw those deposits and nearly all of them have done so," a source identified only as Berg said.

For the parcel at issue in Baker Valley, Idaho Power has offered $65,870 for permanent easements for the power line and an access road, plus a temporary construction easement. The Boardman-to-Hemingway line would run from near Boardman to a substation in southern Idaho and will traverse sections of Malheur, Baker, Union, Umatilla and Morrow counties. Locally the route is planned to cross Highway 86 along Flagstaff Hill - the grade toward the Oregon Trail Interpretive Center - generally follow an existing 230-kilovolt line along the valley’s east side, cross Highway 237 about five miles northeast of North Powder, and shift near the base of Ladd Canyon.

Opposition remains active. The Stop B2H Coalition has pursued administrative challenges through the state and filed a complaint with the Oregon Public Utility Commission arguing that removal of the line from PacifiCorp’s "preferred portfolio" undermines its qualification for condemnation. The coalition has also raised concerns about noxious weeds and fire risk. Simon Gutierrez, a PacifiCorp spokesman, wrote that "PacifiCorp remains committed to the Boardman to Hemingway transmission line, in partnership with Idaho Power."

For Baker County residents the immediate implications are tangible: a ruling for the property owners could block Idaho Power’s legal access to specific parcels and reshape how easements are secured across the valley. Court orders and filings still must be reviewed to determine next steps, and the community will watch for Judge Shirtcliff’s decisions and any further motions that could set precedent for the dozens of pending easement cases.