08/28/2026
The rumor mill is ramping back up again. Please share this far and wide. Farmland Protection easements cannot be bought back or bought out. Data centers cannot be built on land that is protected by BCFP. Remember, if you have any questions, please contact us!
We've been hearing a lot of rumors and misinformation about farmland protection the past few days. We know there are a lot of concerns and confusion, especially as it relates to proposed data centers, so we want to give you the facts.
✔ NO land that is preserved by Berkeley County Farmland Protection (BCFP) will have a data center built on it. When farms are protected, the property owner(s) sign a Deed of Conservation Easement. These legal tools are PERPETUAL: they transfer with the land even when sold or passed down. It prohibits subdivision and commercial business, among other provisions.
✔ Our Deed(s) of Conservation Easement CANNOT be bought back. This has never been a possibility with BCFP. Those signs that you see that say protected forever really do mean those lands will always be protected.
✔ Data centers and their developers are private companies, and they are purchasing from willing sellers. They do NOT have eminent domain authority - they cannot seize your property and they CANNOT override a conservation easement.
✔ Our goal at BCFP is simple: protect as much farmland as possible to preserve farming. With that being said, we need to make it clear that our program is VOLUNTARY and COMPETITIVE. Interested property owners apply each year, and the top-ranked properties are selected based on a scoring system set by our Board. The number of properties we can protect each year depends on that year's available funding.
If you are unsure of something or hear a rumor, please give us a call or shoot us a message. Our staff are happy to answer questions. And please, share this widely so we can set the record straight in our community!