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by yonran 4 days ago
On the one hand, the wishes of a donor should be respected to some degree. On the other hand, the government should be allowed to make the best use of land in its jurisdiction for the people who live there today, since “The earth belongs in usufruct to the living” and we should “preserve the soil of the country from being daily more & more absorbed in Mortmain” as Thomas Jefferson might say. Our land should not be bound forever by the preferences of the dead.

And I am concerned that the purpose of slanted anti-datacenter coverage by the likes of 404media.co and perfectunion.us is to inspire memetic NIMBYism that has and will cause tremendous damage to the US.

3 comments

> Our land should not be bound forever by the preferences of the dead.

This only came up because living people also care about it.

If you want to make it illegal to dictate how land is used, do so directly. I'd be fine with the state passing a new law, voted on by the people, stripping such deeds of their status. But until then, it doesn't seem good at all to ignore an existing law at the whims of local government.

And of course, at that point, don't be surprised when the people keep voting to toss data centers out - if individuals can't be expected to dictate what happens to their land, neither should corporations.

I disagree with you in principle. I think a town that accepts a donation of land for a specific purpose should be as bound as anyone else to the terms of the deed.

In practical terms, it’s not clear that an entity with the power of imminent domain can meaningfully be constrained by deeds.

In principle, I think there aught to be a rule against perpetuities. Including conservation easements. The community should be able to decide where their parks will be, not some former landowner. There is another 55-acre park (Fannie Robinson Park, 1009 E MLK Jr Blvd) about 1/2 mi down the street from the datacenter site (1601 E MLK).

Legally, this case is about the terminology of a deed that was sloppily made “in trust… for parkland”, and standing to sue. It’s currently on appeal. (Trial court: https://judicialrecords.wilco.org/PublicAccess/CaseDetail.as.... Appeal, 15th Court of Appeals: https://search.txcourts.gov/Case.aspx?cn=03-25-00831-CV&coa=.... Appeal, 15th Court of Appeals: https://search.txcourts.gov/Case.aspx?cn=15-25-00202-CV&coa=...).

It’s a shame that the deed was poorly granted. Perhaps it would have been better for everyone if it had been held privately and taxed as such.

And as far as newsworthiness is concerned, the actual deed lost its restriction in 2003, and the city transferred it to the Economic Development Corporation in 2008. It could have then been sold to any industrial purpose. This is not really a national story about datacenters. It is the story about a 2008 sale for industrial purposes. The fact that this is recirculated as a datacenter story is meant to poison the public on any mention of the word datacenter. I think this trend of biased news is intentional.

According to opus 4.8, here’s the chain of title for the 87.797‑acre Taylor tract:

1. 7/7/1999 — Bonnibel Bland Cromwell & family → Texas Parks & Recreation Foundation (deed carries the "held in trust… for parkland" restriction). Recorded #199947198. Consideration: $10 (charitable donation).

2. 10/7/2003 — Texas Parks & Recreation Foundation → Williamson County Park Foundation, Inc. Recorded #2003100356. Consideration: $10 (nominal/recited).

3. 11/20/2003 — Williamson County Park Foundation → City of Taylor. Consideration: $10 (nominal/recited).

4. 11/12/2008 — City of Taylor → Taylor Economic Development Corporation. Recorded #2008084718. Consideration: $15,000 cash + a land swap — the EDC also conveyed two tracts back to the City “by exchange” (a ~22.708‑ac tract in the Samuel Pharass Survey + a 16.658‑ac tract in the Coursey Survey); no dollar value stated for the swapped tracts.

5. 11/19/2024 — (Plat Map Recording Sheet; not a transfer)

6. 4/11/2025 — Taylor Economic Development Corporation → NCP Travis TPP Project, LLC (Blueprint Data Centers). Consideration on the deed: "Cash and other good and valuable consideration" — no figure stated; reported at ~$10 million in the press.

If you can't trust your deeds to be respected then no rational actor would donate land. Instead the farmer would just have kept it.