Ohio farmers warn data center proposal could expand eminent domain powers

A proposal backed by a business trade organization is drawing concern from Ohio farmers who fear it could expand eminent domain authority and allow land to be taken for data center and infrastructure development before property owners are fully compensated.

Proposal calls for changes to eminent domain process

According to a document obtained by reporters, the Ohio Business Roundtable has recommended changes to state eminent domain law that would allow “possession authority” for energy infrastructure projects once public use and necessity have been established.

The proposal is part of a concept referred to as “deposit and build,” a model used in other states that would allow projects to move forward while compensation disputes continue in court.

Farmers and landowners raise concerns

The Ohio Farm Bureau says the proposal could weaken existing protections for landowners.

“We are aware of efforts to further erode the limited protections that landowners have, allowing for quick take of property without first paying for the property and determining a landowner’s rights and compensation through a court of law,” said Evan Callicoat.

Callicoat said the organization is not opposed to data center development but is concerned about potential impacts on private farmland and property rights.

He said landowners could be forced to relinquish property before compensation is fully resolved, potentially delaying payment for months or years.

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