Data center and AI infrastructure growth is driving a renewed battle over eminent domain, as power companies pursue land access for transmission lines needed to supply rapidly expanding compute demand. The dispute centers on whether these takings qualify as “public use,” even when projects primarily serve private data centers. The reporting notes that the U.S. has more than 3,000 operational data centers with another 1,500 in development, and it cites polling indicating widespread public opposition—often linked to concerns about higher utility bills, pollution, noise, and the loss of green space. Legal scholars describe the ongoing debate as part of a long-standing interpretation of the Fifth Amendment’s takings clause and “just compensation.” For higher education institutions, the knock-on effect may include regional energy costs and campus energy planning, especially for colleges that operate large compute, research, and storage systems.
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