Eminent domain is increasingly used to seize private land for data center power infrastructure

Eminent domain is increasingly used to seize private land for data center power infrastructure—such as 240-foot transmission towers and substations—driven by soaring AI energy demands. While data centers are private, utilities use "public use" arguments to acquire land for necessary grid upgrades. Residents in states like Georgia, Utah, and Wisconsin are fighting these seizures. [1, 2, 3, 4, 5, 6]

Key Aspects of Data Center Eminent Domain
• Infrastructure Focus: Eminent domain is more commonly applied to the transmission lines, pipelines, and substations needed to power massive data centers rather than the data center buildings themselves.
• Utility Power: Utility companies, such as Georgia Power, often have statutory authority to condemn land, making it difficult for property owners to stop projects in court.
• Impact on Landowners: Residents face losing family farms, rural land, and homes to make way for high-voltage power lines.
• Legal Challenges: Property owners are filing lawsuits to fight these actions, often focusing on whether such large-scale energy infrastructure truly serves the immediate public interest.
• Regulatory Backlash: In response to local complaints, there are increasing calls to tighten regulations on data center siting, improve transparency on power usage, and protect landowners from forced acquisitions. [1, 2, 3, 5, 6, 7, 8]

Common Areas of Dispute
• Georgia: Significant backlash over transmission buildouts for new data centers.
• Wisconsin: A 600-acre AI project resulted in conflicts over land use.
• Utah: A massive, multi-billion dollar project prompted concerns over land, water, and power infrastructure. [2, 6, 9]

Landowners are advised to engage in state-level public service commission hearings and, in some cases, explore legal options to secure fair compensation or challenge the necessity of the infrastructure, as outlined by organizations monitoring land use. [7, 10]