Metro advances eminent domain effort to try to block DC BLOX data center

Nashville Mayor Freddie O’Connell’s attempt to use eminent domain to block a proposed data center near the Nashville Zoo took a step forward with approval from the Metro Council.

The project from developer DC BLOX has elicited massive backlash from the community. More than 500,000 people signed a petition in opposition; hundreds showed up to a public hearing to speak against it; and celebrities like country singer Brad Paisley and politicians like gubernatorial candidate Sen. Marsha Blackburn have expressed concern on social media.

Nashville’s leaders did take action: the Metro Council passed new land-use regulations restricting where such centers can be built based on size and energy use, and limiting noise pollution and fossil-fuel generation. The council also opted to impose a temporary moratorium on new data center permits until Dec. 1.

But neither new policy has the power to fully block the data center near the zoo. The project could be thwarted by two zoning challenges filed with the Board of Zoning Appeals, but those won’t be taken up until at least December, after the moratorium expires.

In the meantime, the mayor has encouraged use of eminent domain to seize the land where the DC BLOX center is planned for. This approach could prevent construction — but there is a long road ahead.

The Metro Council’s approval on Tuesday enables the city to begin legal action to obtain the property. Metro will have to prove a public purpose for the land (O’Connell has said it is needed to address a shortage of Metro office space in South Nashville). If it does, the city could be able to buy it.

A purchase could be pricey. DC Blox bought the property for $23 million, but last year, the plot was appraised at $37 million. Some councilmembers have expressed concern over the financial risk. The body approved an amendment that requires any appraisal of the property to be shared to the council, which could revoke authorization.

“The minimum amount we would pay for this is the appraised value, which is $37,400,600,” said Councilmember Courtney Johnston before casting a vote in favor of what she called “one of the most consequential things” that she’d ever voted on.

“There’s been a lot of people concerned about the blank check that we’re giving the government, or giving Metro Legal to do this. But the minimum we know. That’s the floor. So people should understand that.”