Image Credit: Nashville Zoo / Facebook
Tennessee Conservative News [By Olivia Lupia] –
As public pushback continues over a controversial proposed data center next to the Nashville Zoo, Mayor Freddie O’Connell announced the city is moving towards eminent domain proceedings to stop the development entirely, raising some questions about the potential overstep of the practice.
On Monday, O’Connell’s office released a statement which read, “We’re filing this condemnation legislation because Metro has a legitimate need for this property. I have carefully followed the concerns from the community and the Zoo and also remain deeply concerned about the proposed use.”
According to Cornell Law School’s Legal Information Institute, “Condemnation, in legal context, refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.”
Tennessee law and the Fifth Amendment require that eminent domain be employed only for “public use”, traditionally referring to infrastructure projects like roads or bridges, and the government must pay the owner “just compensation” for the property. O’Connell’s office did not specify for what public use the land being eyed by DC Blox for the data center needs to be seized or offer further justification for his pursuit of condemnation when the permits have not yet been approved.
While DC Blox attorney Doug Sloan recently claimed to the Metro Planning Commission that the company will be proceeding with the project as they “already have the permits in hand”, public records show numerous reviews and inspections still underway which must be completed and approved before final permit approval.
Sloan maintains that much of the public critique of the project is based on misinformation and that the company has already started working with the Nashville Zoo to address concerns, though Zoo officials maintain DC Blox has not interacted with them directly.
And some Planning Commission members did not seem convinced about Sloan’s assertions. Rollin Horton, Planning Commission Chair, said, “Permits that were filed by DC Blox for this proposal by the zoo didn’t even include the site plan. And so, I think there’s compelling reasons to think that their permits are not considered substantially complete, and therefore, they’re not vested. Which means we can get our legislation in time to protect our community from some of the worst effects of this.”
The legislation Horton referenced is a proposed ordinance creating new data center regulations which will establish size limits and maximum electrical capacities and restrict locations near homes, schools, and zoos. A separate proposal seeks to implement a temporary moratorium on new centers. After being approved by the Planning Commission last Thursday, both ordinances head back to the Metro Council for a public hearing on July 7.
O’Connell previously signed an executive order in support of the moratorium following the continued public pressure, including a petition which has garnered over 533,000 signatures. It was not made immediately clear by the mayor’s office when the eminent domain proceedings would be filed or how quickly the Metro Council could begin discussion on it.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
