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Data Centers & Digital Infrastructure

Overview

Data center development has evolved from a straightforward industrial development model into a highly complex infrastructure and regulatory undertaking. Real estate due diligence, evolving incentive structures, environmental scrutiny, community opposition, power availability, utility coordination, and entitlement risk now often determine whether projects advance. Data center projects rely as much on land as they do on power, transmission capacity, and utility certainty. Parker Poe's team brings deep understanding to the regulatory environments, transmission planning, and economic development dynamics that intersect with development and land use issues while also being adept at coordinating across key project stakeholders, from the public to private sector.

We advise developers, investors, technology companies, utilities, governments, and others on the legal and strategic issues that arise throughout the lifecycle of data center and digital infrastructure projects. Our experience includes site control and acquisition, conditional zoning and land use approvals, environmental and permitting issues, utility and energy coordination, state and local incentives, special tax legislation, economic development structuring, infrastructure agreements, construction and project delivery, and disputes and litigation involving contested approvals and regulatory challenges. Our team negotiates and drafts construction, design, and engineering contracts, advises on procurement and risk allocation, and supports clients through all phases of construction for mission-critical facilities. We work closely with owners, developers, contractors, and lenders to manage schedule, cost, and delivery risk. 

We also guide clients through environmental permitting and state and federal regulatory requirements affecting data center projects. Our team coordinates agency review, engages with regulators and utilities, and resolves issues early to minimize delay and uncertainty. When projects require legislative action or heightened government engagement, we bring proven experience navigating public-sector processes and shaping outcomes. 

Representative Experience

  • Advised technology company on its data center in Catawba County, where we handled special tax legislation, incentives, energy issues, and the center’s latest expansion.
  • Represented municipal government in connection with building a major data center for a technology company in North Carolina, including site selection, incentives negotiation, and regulatory approvals.
  • Negotiated two data centers totaling roughly $3.5 billion on behalf of a national design-build construction company and general contractor.
  • Guided a Texas-based company through its South Carolina data center expansion, providing legal counsel on incentives, permitting, and compliance.
  • Handling zoning and land use for a hyperscale data center facility in Wake County.
  • Provided transactional and land use advice for a data center in Chatham County, including negotiating the purchase and sale agreement for the acquisition of the property, conducting due diligence (ex. title, survey, and environmental), and obtaining use determination from the County and coordinating with power supplier.
  • Advising a global real estate investment manager on a possible data center development in Atlanta, and a Southeast developer on potential data center in central North Carolina.
  • Representing a data center developer in Raleigh on the acquisition of new property for future development, including handling entitlements and providing advice on utilities.

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Professionals

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