palladin9479 Headline is factually incorrect. Private entities do not have the power of eminent domain, only governments do. there for power distribution companies can not "seize private land to make way for new AI data center transmission lines". They must first attempt to either purchase that land or come to an agreement with the owners over right of way. Failing that, they must then request the government to purchase the land from the owners at market value, which the government does for the purpose of the "common good". There is an entire legal framework around that which includes legal motions, Judges, courts and rulings. If there is sufficient community outrage, the elected politicians will intervene and get it canceled. Otherwise legal injunctions preventing the takings can also be used, especially if it's not for the common good. TH needs to be careful about putting too much trust into opinion pieces written by university professors. Reply
King_V As I understand it, in Atlantic City, NJ, the local politicians deemed anything the casino/hotel developers wanted as public use/common good. Of course, should any resistance from "the poors" come up, well, they didn't have the resources to fight it in court. Reply
dva852 palladin9479 said: TH needs to be careful– Since when does the above ever apply? That said, there is a bit of fire in the smoke. palladin9479 said: Private entities do not have the power of eminent domain, only governments do. there for power distribution companies can not "seize private land to make way for new AI data center transmission lines". They must first attempt to either purchase that land or come to an agreement with the owners over right of way. Chatbot sez: Eminent domain is traditionally an inherent government power. However, state and local governments routinely delegate this authority to public utilities and common carriers (like power, gas, and water companies). To legally seize land, a utility company must meet two constitutional requirements under the Fifth Amendment: . Provide just compensation (fair market value) to the landowner. . Demonstrate that the project is for "public use". The "public use" clause isn't for the transfer of land to the data centers themselves, but to build transmission lines that will primarily (reportedly 70-80%) benefited by data centers. The transmission lines are part of the public grid, and eminent domain law applies. News articles on this: https://www.cbsnews.com/news/georgia-power-ai-data-centers-eminent-domain https://www.wabe.org/georgia-power-says-it-needs-a-huge-increase-in-power-capacity-to-meet-data-center-demand There's a political aspect in play (cf. 2nd link above). Legal challenges will likely center on the fact that this "primarily" benefits a private use (data centers), rather than public. Other lines of attack will likely be directed at said data centers, i.e. environmental & zoning violations, etc. But for sure there'll be fireworks. It's in a red state, so data centers' chances are better than even. Reply
warezme King_V said: As I understand it, in Atlantic City, NJ, the local politicians deemed anything the casino/hotel developers wanted as public use/common good. Of course, should any resistance from "the poors" come up, well, they didn't have the resources to fight it in court. This exactly. They count on the poors not being able to defend themselves. Reply
ezst036 It would be wonderful if all of this leads to the overturning of Kelo v. New London. What a despicable ruling. Reply
coolitic palladin9479 said: Headline is factually incorrect. Private entities do not have the power of eminent domain, only governments do. there for power distribution companies can not "seize private land to make way for new AI data center transmission lines". They must first attempt to either purchase that land or come to an agreement with the owners over right of way. Failing that, they must then request the government to purchase the land from the owners at market value, which the government does for the purpose of the "common good". There is an entire legal framework around that which includes legal motions, Judges, courts and rulings. If there is sufficient community outrage, the elected politicians will intervene and get it canceled. Otherwise legal injunctions preventing the takings can also be used, especially if it's not for the common good. TH needs to be careful about putting too much trust into opinion pieces written by university professors. "People in higher education discover eminent domain for the first time" might be a good headline. Reply
Dr3ams " Demonstrate that the project is for "public use" The above statement shouldn't apply to data centers. Power grids are generally used by a majority of the public abroad, but data centers are not. Reply
j_123 palladin9479 said: Headline is factually incorrect. Private entities do not have the power of eminent domain, only governments do. there for power distribution companies can not "seize private land to make way for new AI data center transmission lines". They must first attempt to either purchase that land or come to an agreement with the owners over right of way. Failing that, they must then request the government to purchase the land from the owners at market value, which the government does for the purpose of the "common good". There is an entire legal framework around that which includes legal motions, Judges, courts and rulings. If there is sufficient community outrage, the elected politicians will intervene and get it canceled. Otherwise legal injunctions preventing the takings can also be used, especially if it's not for the common good. TH needs to be careful about putting too much trust into opinion pieces written by university professors. True, except for this: > the elected politicians will intervene and get it canceled They often will not intervene, because many don't actually care about doing what's right for their communities. Reply
DS426 ezst036 said: It would be wonderful if all of this leads to the overturning of Kelo v. New London. What a despicable ruling. Yes, quite the wild story to read about, especially given that Pfizer eventually abandoned their facility in New London — so much for the "economic benefit" that's supposedly inline and fundamentally coequal to "public use/benefit." Reply
Key considerations
- Investor positioning can change fast
- Volatility remains possible near catalysts
- Macro rates and liquidity can dominate flows
Reference reading
- https://www.tomshardware.com/tech-industry/artificial-intelligence/SPONSORED_LINK_URL
- https://www.tomshardware.com/tech-industry/artificial-intelligence/power-companies-can-seize-private-land-to-make-way-for-new-ai-data-center-transmission-lines-report-says-takeovers-could-be-implemented-using-eminent-domain-law-when-private-citizens-refuse-to-sell-land#main
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