Legal concerns as data center debate drags on

The Oliver County Commission in North Dakota recently voted on a 180-day moratorium for data center construction in the county. This comes amid growing public frustration over the data center debate in rural America. At the Friday night meeting, the key focus was whether the county could face lawsuits from landowners who have entered agreements to sell their land or from companies like Applied Digital, an AI data center firm that has looked to acquire land in Oliver County. A state's attorney from another county spoke at the meeting and explained a three-part test for the commissioners to consider with any moratorium: the economic impact, interference with investment-backed expectations, and the character of the government action. The attorney raised specific concerns about how a moratorium could prevent the sale of private land, potentially landing the county in court. While some residents were concerned about the legal risks, for many, these concerns were not enough to stop the moratorium from being approved.