By Bailey Coyle, FOX23.com News Staff
SAND SPRINGS, Okla. — A conservation group is taking legal action over a proposed Google data center near Sand Springs, claiming the land was never eligible for development in the first place.
Land Legacy filed a lawsuit this week against the Ringle family, arguing a conservation easement signed more than a decade ago prohibits industrial development on the property slated for the project.
The site has been identified as the future home of a large-scale Google data center, part of a major development proposal in the area.
“We’re a conservation trust. We identify land and protect it,” said Executive Director Michael Patton. “Our mission is to find waters and trees and pastures and fight development pressure.”
Easement at the center of the dispute
According to Patton, the Ringle family entered into an agreement with Land Legacy in 2013 that permanently restricted how the land could be used.
“The landowner signed away the rights to build an industrial park,” Patton said. “They agreed there would be no industrial development — no roads, no buildings.”
Patton says the easement covers about 270 acres of a larger 800-plus acre property and was designed to preserve the land in its natural state.
“They still own the land, but there are restrictions they can never violate,” he said. “We own those development rights now, and we defend that land.”
Allegations of bad faith
The lawsuit claims the Ringle family knowingly moved forward with plans for the data center despite those restrictions.
“The landowner is operating in bad faith and has lied to the city and the developers,” Patton said. “There are restrictions on the land, and those restrictions must be taken into account.”
Patton also alleges the easement was not disclosed during the rezoning process tied to the data center project.
“That rezoning application asked if there were restrictions, and the answer given was no,” he said. “It wasn’t a typo. There are restrictions.”
Tax benefits tied to agreement
As part of the original agreement, Patton says the landowners received significant tax benefits in exchange for preserving the land.
“These people got about a $3.8 million tax break,” he said. “That’s the incentive — landowners agree to protect the land, and they get a deduction.”
Patton argues those benefits make the agreement binding.
“You can’t take the tax break to preserve the land and then turn around and try to develop it,” he said.
Environmental concerns
While the lawsuit centers on property rights, Patton says Land Legacy also has concerns about the environmental impact of a project of this scale.
“This is beautiful land in the Osage Hills,” he said. “We don’t need a massive industrial facility there.”
Patton claims construction of the data center could significantly alter the landscape.
“They’re going to have to blast hills and fill valleys to make it work,” he said. “It’s going to be very disruptive, especially to areas like Turkey Creek.”
Not opposed to development — but not here
Patton says the organization is not against development in general but believes this location is not appropriate.
“We’re not anti-builders,” he said. “We work with developers all the time. But this is land worth protecting.”
He added that conservation easements are meant to preserve land permanently.
“Those restrictions stay forever — even if the land is sold or passed down,” Patton said. “That’s the whole point.”
What happens next
Land Legacy filed the lawsuit Monday in Osage County District Court. Patton says the defendants will have about 20 days to respond.
He believes the case could ultimately impact the future of the proposed Google data center.
“I think this means they’ll have to start over and include us in the process,” Patton said.
Requests for comment
FOX23 reached out to the Ringle family, the City of Sand Springs and Google for comment on the lawsuit and the allegations.
Sand Springs sent in a statement which reads:
“We are aware of the lawsuit and do not see that it has merits in regard to the actions taken by our Council. We also do not think it will have an impact on the future of the project and look forward to the Court taking this issue up. As it is a matter of ongoing concern, we will not have any other statement at this time.”
Land Legacy sues to Protect Private Property Rights from Sand Springs Data Center
