The Battle for Land and Energy: Rethinking Data Centers as Essential Public Infrastructure

Data centers, integral to the digital economy and services like cloud computing, artificial intelligence, and online communication, have become essential infrastructure. Yet the rapid demand presents challenges, including land scarcity, environmental impacts, and monopolistic control by Big Tech. This Comment argues for classifying data centers as public utilities, using legal precedents and state statutes to demonstrate their role as essential services with natural monopoly traits. Selective public utility regulation would ensure equitable access, sustainable practices, and fair resource use, including tailored eminent domain powers to support development. By addressing these challenges through public utility regulation, this framework balances public needs with market innovation in an increasingly digital world.