Data Center Real Estate Attorneys
Nacelle advises on data center projects across the United States. Our attorneys support hyperscale, colocation, and enterprise data center project real estate at every stage of development, from early site control through financing, construction, and operation.
Our services include:
- Drafting and negotiating land agreements, including leases, easements, purchase options, and purchase agreements.
- Conducting title and survey review, identifying title curative matters, and completing title curative work.
- Conducting real estate diligence on potential acquisitions.
- Leading the real estate aspects of project sales.
- Drafting and negotiating road use agreements and project development agreements with local governments.
- Drafting and negotiating development services agreements, master services agreements, and confidentiality agreements.
Representative Engagements
Our attorneys regularly represent clients in complex transactions nationwide. Nacelle’s data center real estate attorneys have advised on various efforts on behalf of the data center industry, including:
- Serving as lead real estate counsel for a national data center developer in connection with successful site acquisition for over 8 GW of data center load.
- Serving as lead real estate counsel for a national data center developer in connection with successful site acquisition for over 5 GW of data center load.
- Serving as lead real estate counsel for a national data center developer in connection with successful site acquisition for over 4 GW of data center load.
- Serving as lead real estate counsel for a national data center developer in connection with successful site acquisition for over 2 GW of data center load.
- Serving as outside general and strategic counsel for multiple data center development startup companies.
- Advising clients regarding structuring land agreements in connection with data center project site control efforts.
- Representing clients in land agreement negotiations with numerous institutional landowners throughout the United States.
Frequently Asked Questions About Data Center Legal Services
When should a data center stakeholder engage legal counsel?
Engaging experienced legal counsel early (during project structuring and at the initial stages of site control efforts) can help avoid costly delays and improve project viability.
What legal issues are unique to data center development?
Data center projects involve unique legal considerations related to power procurement, utility coordination, zoning and community impacts, water use, and long-term operational infrastructure that must be addressed early in development.
How does power availability affect data center site selection?
Power availability is a critical factor in data center site selection, requiring early coordination with transmission operators, careful review of transmission and substation capacity, and alignment with project timelines and growth plans.
Contact Our Data Center Real Estate Attorneys
If you are involved in a data center project, Nacelle is ready to help. Contact our data center real estate attorneys to discuss how we can support your project from concept through operation.