TL;DR · 30-second read

The Short Version

Power companies building electricity lines to feed new data centers, the warehouses of computers that run tools like ChatGPT, are using the government’s power to force landowners to sell.

That power is only supposed to be used when the public benefits. Courts have usually allowed it when a line makes local electricity more dependable. One state’s top court blocked a line that crossed the state without serving anyone who lived there.

With 7 in 10 Americans against data centers near them, expect more fights over farms and backyards.

Power companies in states including Georgia and Pennsylvania have turned to eminent domain, the government power to take private property without the owner’s consent, to secure land for transmission lines serving the data center buildout. The practice is drawing opposition as polling shows 7 in 10 Americans oppose AI data centers in their own communities, University of Dayton law professor Aaron Walayat wrote in an essay published by The Conversation and republished by Fortune on July 19, 2026.

The United States has more than 3,000 data centers, with another 1,500 in development, according to a Pew Research Center analysis. Data centers accounted for more than 4% of national electricity use in 2024. The legal question now in play is whether a line built to serve a private data center meets the Constitution’s “public use” requirement for taking land.

Executive Summary

Local opposition to data centers has mostly focused on the buildings themselves: utility bills, noise, pollution, water use and lost green space. It is now spreading to the transmission lines that carry power to those buildings. Transmission lines often have to cross private land, and when owners refuse to sell an easement, which is a right to use a strip of their property, utilities can ask a court to force the sale through condemnation.

This matters because transmission is already one of the slowest parts of bringing new data center capacity online. A line that faces a credible legal challenge on public-use grounds adds legal risk to a project’s schedule. Precedent points to a consistent dividing line. Courts have upheld takings when a line delivers power or improves grid reliability for customers inside the state. They have been more skeptical when a line serves nobody in the state it crosses.

For developers, utilities and regulators, how a line is justified in the record, and whom it demonstrably serves, is becoming as consequential as where it is routed.

The Siting Fight Moves From the Building to the Wire

A data center can be sited on a single parcel bought from a willing seller. The power it needs usually cannot. High-voltage transmission lines run for miles across many owners’ land, and every parcel on the route has to be secured. With more than 3,000 US data centers operating and another 1,500 in development, and with data centers already using more than 4% of the country’s electricity in 2024, utilities are planning new lines at a pace that makes holdout landowners a practical problem, not a rare one.

The standard sequence is negotiation first and condemnation second. A utility offers to buy an easement. If the landowner declines, the utility, exercising power delegated by the state, asks a court to compel the sale at a court-determined “just compensation.” That is how power companies in Georgia and Pennsylvania have approached land acquisition for new lines. The 7-in-10 opposition figure measures attitudes toward data centers rather than transmission specifically, but the objections voters cite, higher bills and loss of green space, apply directly to a line crossing someone’s farm.

Why In-State Benefit Is the Test That Decides These Cases

The federal “public use” standard is permissive, so the contest shifts to state courts and state law, where a clear pattern emerges. The supreme courts of South Dakota and Vermont upheld utility takings because the lines provided at least some energy and improved grid reliability for in-state customers. In 1984, the Mississippi Supreme Court rejected a condemnation for a line that would have run from Mississippi into Louisiana without serving any Mississippi customers. In Texas, the state Supreme Court has held that a common carrier’s project must “serve the public” and “cannot be built only for the builder’s exclusive use.”

Put together, those rulings describe the mechanism. A line documented as reinforcing reliability for a state’s own ratepayers fits well-established precedent, and the growing strain data centers place on the grid strengthens that case. A line whose practical function is to feed one private campus, or to carry power across a state border to load elsewhere, gives landowners a specific legal argument. Walayat’s reading is that reliability-driven takings will likely qualify as public use, while disputes over whether a line actually serves in-state customers remain the opening for challenges.

The people most affected are the ones who write the justification. Utilities and their regulators decide how a line’s purpose is described in planning and certificate proceedings. Developers decide whether to take power from a dedicated feeder or from broader network upgrades. Landowners’ lawyers will look for evidence in that record that the public benefit is incidental. Projects that can show real benefit to in-state customers stand on firmer ground. Projects that cannot are carrying legal risk that belongs in their schedules.

Kelo’s Long Shadow Makes State Lines Matter

The backdrop is Kelo v. City of New London, the 2005 decision in which the US Supreme Court allowed a city to take homes for private redevelopment near a Pfizer facility on economic-development grounds. The redevelopment never happened, and Pfizer later left the city. The backlash was lasting: 45 states enacted eminent domain reform laws, and the supreme courts of Michigan, Ohio and Oklahoma have barred taking private property to hand it to another private party purely for economic development.

For data center infrastructure, that history means a landowner’s odds depend heavily on the state. Challenges under a restrictive state constitution may succeed where a federal claim would not. Courts still routinely permit utilities to condemn land, so this is not a veto over transmission. It does mean that justifying a line as good for local economic growth, the argument Kelo accepted, is a weaker footing in many states than justifying it as necessary for reliable service to local customers.

Weighing the Claims on Both Sides

Each side’s argument deserves scrutiny. The industry’s position, that new lines are needed to keep the grid reliable as demand rises, is supported by the demand figures. It is also the same argument courts reward, which gives utilities an incentive to frame data center lines in reliability terms whether or not that is their main purpose. The opposition’s position, that private companies are borrowing a public power for private gain, echoes Kelo, where the promised public benefit never arrived. It has to be tested line by line, though, because many transmission projects do serve broad customer bases.

The 70% figure is a strong signal of political headwind. It is not a legal standard. Public use is decided on the facts of each project, not by polling. The practical question for each contested line is the one courts have already asked: who in this state actually gets power from it?

Background

Eminent domain rests on the Fifth Amendment, which allows the government to take private property for public use if it pays just compensation. Most condemnations are carried out by state and local governments, which can delegate the power to utilities such as power and water companies. The US Supreme Court’s 2005 Kelo v. City of New London ruling read “public use” broadly to include economic development. The resulting backlash led 45 states to pass reform laws, and several state supreme courts, including those of Michigan, Ohio and Oklahoma, interpret their own constitutions more strictly.

The AI boom has brought a matching surge in data center construction, to more than 3,000 facilities in operation and about 1,500 in development. Those facilities used more than 4% of US electricity in 2024, which pushes utilities to build new transmission. Those lines increasingly cross land whose owners do not want them.

Sources

Source: Power companies are using eminent domain to seize land for data centers as 70% of Americans say not in my backyard (Fortune, republished from The Conversation). An essay by University of Dayton law professor Aaron Walayat on the legal limits of taking land for data center transmission lines.