Ohio farmers warn data center proposal could expand eminent domain powers
Ohio farmers are concerned about a proposal from the Ohio Business Roundtable that could expand eminent domain authority for utility and infrastructure projects tied to data centers. The "deposit and build" concept would allow early possession of land once public use is established, even before final compensation is paid. Farmers argue this would weaken landowner protections, while supporters say it would streamline project timelines.
A proposal backed by the Ohio Business Roundtable is raising significant concerns among Ohio farmers. The measure seeks to amend state eminent domain laws, allowing for "possession authority" over land designated for energy and data center infrastructure projects once public use and necessity are established. This "deposit and build" model, already in use in other states, would enable projects to proceed while compensation disputes with landowners are still being litigated.
Evan Callicoat of the Ohio Farm Bureau voiced strong opposition, stating that the proposal could erode existing landowner protections by forcing property relinquishment before full compensation is determined. He highlighted potential delays in payment for property owners, extending for months or even years. Conversely, Nick Rhodes, representing the Ohio Business Roundtable, argued that the proposal aims to improve project timelines and facilitate crucial infrastructure development, emphasizing that it does not intend to bypass landowner rights.
Under current Ohio law, government entities and regulated utilities must negotiate fair market value with property owners before acquiring land via eminent domain. State Sen. Brian Chavez acknowledged the contentious nature of the issue, describing it as a "hot topic" under discussion among lawmakers. While the proposal has not yet been formally introduced as legislation, it continues to circulate among policymakers and stakeholders in Columbus.