
How NDAs are hiding data center details from the public
Officials in several Indiana communities, including Morgan County, signed non-disclosure agreements (NDAs) that hid details about data center proposals from the public, including the developer's identity. Residents of Monrovia, Morgan County, discovered too late that Google was building a massive data center near their homes, facing approved rezoning despite their opposition. State legislation aimed at data centers failed, and communities are pressured to attract such projects due to state budget changes.
Officials in several Indiana communities, including Morgan County, have signed non-disclosure agreements (NDAs) that have obscured details about data center proposals from the public, often preventing residents from knowing the developer's identity until after projects were approved. This practice is highlighted by the case of Gina and Darin Madsen, Monrovia residents who were unaware Google was behind a 400-acre data center being constructed near their home in Morgan County, despite strong local opposition.
Research by the Arnolt Center for Investigative Journalism and the Limestone Post revealed that NDAs were used in seven of 46 identified AI data center projects across Indiana. Critics, including Pat Garofalo of the American Economic Liberties Project, argue that public officials signing away their right to communicate with constituents about vital information is problematic for democracy. Communities like Monrovia have seen rezoning requests, such as for "Project Louie" on behalf of Google, approved unanimously by the Morgan County Board of Commissioners despite community outcry.
While Google eventually confirmed its involvement, other companies like Meta in Boone County and Amazon near New Carlisle have also benefited from NDAs with local officials. Concerns extend to environmental impact and the relatively few permanent jobs data centers create. Indiana State Representative Matt Pierce emphasized the difficulty for the public to engage meaningfully when officials cannot disclose full information due to NDAs. Meanwhile, Microsoft has publicly committed to discontinuing the use of NDAs for its data center plans.
Indiana's state government, including the General Assembly and Indiana Economic Development Corporation, heavily promotes data center development, offering significant tax exemptions. However, six data center-focused bills in the 2026 legislative session failed to pass. Senator Shelli Yoder pointed out that the state's 2025 budget bill (SEA 1) has inadvertently pressured local communities to attract large developments like data centers to offset lost tax revenue, forcing them to say 'yes' despite widespread opposition from both ends of the political spectrum.