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When Can a Power Company Take Your Land for Data Center Infrastructure?
Utilities are using eminent domain to secure transmission lines as data centers drive electricity demand and strain grids, researchers said, with U.S. use topping 4% in 2024.
As the AI boom drives demand for new electrical transmission lines, power companies are increasingly using eminent domain to seize private land from owners who refuse to sell easements.
The government may seize private property without consent if the action is for "public use" and provides "just compensation," a standard the U.S. Supreme Court has interpreted permissively since 2005.
While President Donald Trump promotes AI as crucial to national security, polling shows 7 in 10 Americans oppose data center construction in their communities due to noise, pollution, and higher utility bills.
In response to public backlash, 45 states enacted eminent domain reform laws, while some state supreme courts have blocked seizures that fail to benefit local customers.
Legal experts now question if lines serving private data centers truly "serve the public," particularly when infrastructure crossing state lines provides no direct benefit to residents living along the route.