Ohio farmers oppose business group proposal on data center land seizure
Ohio Farm Bureau warns that a business trade group’s proposal could let companies seize farmland for data centers before paying owners.
COLUMBUS, OHIO — Ohio farmers are raising concerns about a proposal from a business trade group that would expand eminent domain laws to allow state and utility companies to seize private property for data centers before compensating landowners.
The Ohio Business Roundtable recommended in a document that lawmakers modify eminent domain law to “extend possession authority to energy infrastructure projects once public use and necessity have been established.” The proposal would implement a “deposit and build” system similar to programs used in 45 other states.
Farm Bureau Warns of Property Rights Violations
The Ohio Farm Bureau expressed strong opposition to the proposal, fearing it could strip farmers of fundamental property protections. Evan Callicoat from the Ohio Farm Bureau said the organization supports data center development but opposes violations of property rights.
“We are aware of efforts to further erode the limited protections that landowners have, allowing for quick take of property without first paying for the property and determining a landowner’s rights and compensation through a court of law,” Callicoat said.
Callicoat warned that the proposal’s broad language could enable data center companies to acquire farmland without immediate compensation, potentially leaving farmers without payment for months or years while legal proceedings unfold.
Business Group Defends Proposal
Nick Rhodes from the Ohio Business Roundtable defended the recommendation, arguing it would not apply to private data center projects. Rhodes suggested that data centers alone would not meet the threshold for public use required under eminent domain law.
“That wouldn’t really meet the threshold of public use; there is the question of infrastructure, and I think that’s an open question,” Rhodes said.
The Roundtable, which lobbies at the Ohio Statehouse, positioned the proposal as a way to streamline infrastructure development once courts have established necessity and public use.
Current Eminent Domain Process
Under existing Ohio law, federal, state and local governments can take property for public use through eminent domain. The Ohio Power Siting Board controls installation of utility facilities including power lines, gas pipelines and wind farms, while the Public Utilities Commission of Ohio assists utility companies in land acquisition.
The current process requires utility companies to offer landowners “fair” market prices for their property. If owners refuse to sell, companies must take them to court and prove necessity for the land. When courts side with utilities, the appraised land value goes into a court account, but construction cannot begin while owners appeal for higher compensation.
The proposed change would allow construction to start immediately after courts determine that state or utility companies can acquire the land, even while compensation disputes continue in court.
