Nassau County Reviews Legal Risks of Potential Data Center Ban
Nassau County Attorney Denise May has warned commissioners that banning data centers could expose taxpayers to lawsuits if existing development rights are eliminated. The county has imposed a temporary moratorium while it studies whether a legally defensible prohibition is possible, amid resident concerns about noise, water use and groundwater contamination.
Nassau County Attorney Denise May cautioned county commissioners that a data center ban could trigger litigation and compensation claims under Florida’s Bert J. Harris Jr. Private Property Rights Protection Act if current zoning rules already allow such facilities. The county is reviewing its land development code and comparing its legal position with Florida counties that have adopted data center prohibitions or moratoriums.
The county’s temporary moratorium followed resident concerns about noise, groundwater contamination, water consumption and industrial facilities near homes. The opinion calls for a detailed public explanation of what development rights a ban might affect, whether existing vested rights could be protected, and what financial exposure taxpayers could face before commissioners decide on permanent restrictions.