The Lead Off
- Ohio farmers are raising concerns about a proposal that could expand eminent domain authority for utility and infrastructure projects tied to data centers.
- A business trade group recommends allowing early possession of land once public use is established, even before final compensation is paid.
- Farm advocates argue the change could weaken property rights, while supporters say it would speed up major infrastructure development.
COLUMBUS, OHIO (WOWO) A proposal backed by a business trade organization is drawing concern from Ohio farmers who fear it could expand eminent domain authority and allow land to be taken for data center and infrastructure development before property owners are fully compensated.
Proposal calls for changes to eminent domain process
According to a document obtained by reporters, the Ohio Business Roundtable has recommended changes to state eminent domain law that would allow “possession authority” for energy infrastructure projects once public use and necessity have been established.
The proposal is part of a concept referred to as “deposit and build,” a model used in other states that would allow projects to move forward while compensation disputes continue in court.
Farmers and landowners raise concerns
The Ohio Farm Bureau says the proposal could weaken existing protections for landowners.
“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,” said Evan Callicoat.
Callicoat said the organization is not opposed to data center development but is concerned about potential impacts on private farmland and property rights.
He said landowners could be forced to relinquish property before compensation is fully resolved, potentially delaying payment for months or years.
Business group defends proposal
Representatives of the Ohio Business Roundtable say the proposal is intended to improve project timelines and infrastructure development.
Nick Rhodes, speaking on behalf of the group, said the intent is not to bypass landowner rights but to streamline construction after legal determinations are made.
“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.
How eminent domain currently works in Ohio
Under current Ohio law, government entities and regulated utilities may use eminent domain for public use projects such as power lines, pipelines, and other infrastructure.
Before land is taken, entities must negotiate with property owners and offer fair market value. If negotiations fail, courts determine whether the project is necessary, and compensation disputes may continue through the legal process before construction begins.
Debate over timing of land access
Supporters of the proposal argue that allowing early access to land after a court determination could reduce project delays.
Opponents say that changing the process would allow construction to begin before final compensation is resolved, shifting leverage away from landowners.
Lawmaker reaction
State Sen. Brian Chavez said in the Ohio Capital Journal that the issue remains under discussion but acknowledged concerns from both sides.
“That’s a very hot topic,” Chavez said. “I don’t think that we’re ready to address anything like that in such a short time span.”
He added that data infrastructure is increasingly important, describing it as a “necessity” in modern life.
Ongoing debate over data centers and land use
Farm groups argue that while they do not oppose data center development, they are concerned that expanded eminent domain authority could shift control of farmland toward large infrastructure projects.
Supporters counter that infrastructure expansion is necessary to support growing digital and energy demands.
Next steps
The proposal has not yet been formally introduced as legislation, but it is expected to continue circulating among policymakers and stakeholders in Columbus as lawmakers evaluate potential changes to Ohio’s eminent domain framework.
The Takeaway
Farmers warn of weakened property protections
Ohio agricultural advocates say a proposed “deposit and build” system could allow land acquisition for infrastructure projects before full compensation is determined in court.
Business groups push faster development model
Supporters argue the change would reduce delays in major projects like energy and data center construction by allowing earlier access after legal approval.
Policy debate expected to continue
State lawmakers are still weighing whether eminent domain reforms are necessary, with no immediate legislative action taken but growing attention from both industry and farm groups.
