Why right-of-way is the most important schedule driver in pipeline projects

 

When a gas utility or pipeline company decides to expand its system, the first instinct is to focus on engineering, route design, pipe specs, construction timelines. But experienced project teams know that a different workstream quietly drives the entire schedule: Right-of-way (ROW) acquisition. Get it right, and a project moves efficiently from planning to construction. Get it wrong, and costs escalate, timelines slip, and community relationships fracture in ways that are difficult to repair.

What ROW acquisition involves

At its core, ROW acquisition is the process of securing legal agreements and rights, typically in the form of an easement or surface lease, for a pipeline to cross private land and permit for crossing public land. Unlike a fee purchase, an easement allows the landowner to retain ownership and continue using their property; it simply grants the pipeline operator the right to install, operate, maintain, and access the line in a defined location. Once the pipeline is in the ground, it is unseen and landowners can farm over it, pave over it, and continue using the surface as before, as long as their use does not hinder the operation and maintenance of the pipeline.

But the work involved in getting there is anything but simple. A large pipeline project can cross hundreds or even thousands of individual parcels, each with its own ownership structure, title history, liens, and stakeholder dynamics. The ROW team must research every parcel, identify every interest holder, make initial contact with landowners, secure survey access, accompany field crews, and negotiate easement agreements, all while serving as the public face of the project.

There is also a construction phase where ROW agents remain active during construction to notify landowners ahead of crew arrivals, manage any surface damage claims, and resolve issues that may arise if equipment strays outside its permitted footprint.

Why ROW is a critical path activity

In project planning, a “critical path” activity is one where any delay directly impacts the overall project schedule. ROW acquisition earns that designation for several reasons.

First, construction cannot begin until the easements and permits are secured. No easement, no pipe in the ground. Second, ROW timelines are inherently unpredictable. Landowner negotiations can stall, title research can surface unexpected complications, and eminent domain proceedings, when necessary, add legal timelines that no team controls. Third, cost implications are significant. Easement acquisition costs, appraisal fees, legal expenses, and potential condemnation proceedings must all be estimated and budgeted well in advance, often years before a shovel hits the ground.

Finally, landowner and community opposition is a consistent source of project friction. As Gary Bland, Director at Atwell in the Houston office, notes “Pipeline projects aren’t always the most popular thing to introduce into a community. It’s a necessary and important function though in cities, towns and rural communities everywhere.” That reality shapes everything about how a ROW campaign should be planned and executed. Proactive, transparent engagement with affected property owners and community leaders is one of the most powerful tools a project team has.

Essential strategic steps before field deployment

By the time a ROW agent knocks on the first door, the outcome of the campaign is often already set.  Effective pre-deployment preparation includes several interconnected activities. Route analysis and landowner identification using GIS and public data to evaluate alignment options, estimate parcel counts, assess property types and values, and identify existing infrastructure corridors that might reduce the footprint on undisturbed land. Title research and ownership verification ensure that when a ROW agent sits across the table from a landowner, they understand every interest in that property (ownership, mortgages, liens, and other encumbrances) that could affect the agreement. Cost estimation must account not just for today’s land values but projected values across a multi-year project timeline.

Community and stakeholder outreach, ideally beginning with elected officials and community leaders, ensures that key voices hear the project’s story directly. Bland is direct on this point: ” The worst outcome is when community leaders hear about a project from concerned constituents instead of directly from you. Hearing it from you first sets the right tone from the start.” Stakeholders who feel informed and respected are far more likely to facilitate, rather than oppose, a project moving forward.

The advantage of integrated services

One factor that meaningfully improves ROW outcomes is the integration of land, survey, engineering, and environmental services under a single coordinated project team. These disciplines are deeply interdependent. ROW agents must secure survey access before field crews can mobilize. Surveyors need title information to thoughtfully plan their work. Land acquisition teams need finalized survey plats before they can execute binding agreements with landowners.

When these functions operate in silos, with separate vendors pursuing their own timelines, handoffs break down. As Bland describes it: “You’re often going to have a breakdown. They’re not focused on working with others but rather on keeping their tasks on time.”

By contrast, when land, survey, and environmental teams are aligned from day one, the project moves as a single, coordinated effort rather than  a collection of competing priorities. Data is shared in real time, schedules are aligned, and accountability is clear, giving clients greater confidence that every piece of the project is moving forward together. Bland notes that success and trust come from that kind of execution: “Projects are successful when all disciplines work closely and that’s often how we see long-term relationships grow.”

Long term projects illustrate the complexity of ROW

A current Atwell engagement illustrates this at scale. A gas distribution utility is planning a trunk line system of more than 300 miles, designed to serve the region’s continued outward growth. The project will cross approximately 3,000 parcels and is expected to span several years, with construction advancing in preplanned annual segments determined by growth projections.

The work currently underway is precisely the kind of pre-deployment preparation described above: building GIS-based ownership inventories, routing alignments to minimize impact, engaging appraisers for multi-year cost projections, and beginning outreach to community leaders. The utility’s public-facing profile has made stakeholder communication a priority and that posture has created space to approach the work the right way. “They’re really focused on their public reputation and quality engagement,” Bland notes, “so it allows us to spend more time and effort to try to make this effort a win for the community.”

Preparation is the project

ROW acquisition is not a checkbox, it’s a sustained, relationship-driven discipline that shapes every aspect of a pipeline project. Teams that treat it as a strategic function, and invest early, consistently outperform those that treat it as an afterthought. In a business where projects take years and mistakes are costly, that difference isn’t minor, it’s everything.

Data center trends in 2026: How AI infrastructure policy impacts development

In recent years, data center development has been driven by land availability, power access, and fiber connectivity. Today, regulations and policy are emerging as a leading factor and often shape project viability even before these fundamentals.

This shift is accelerating with the emergence of “Stargate,” a federal initiative focused on expanding artificial intelligence (AI) infrastructure across the United States. These projects are pushing data center campuses beyond hundreds of megawatts into the gigawatt range and higher, with up to $500 billion in planned investment by 2029. As a result, governments, utilities, and communities are rethinking how they plan for and respond to this scale of growth.

Because of this rapid momentum, data center development regulations are surging as well. In 2025 alone, more than 200 state-level bills were introduced addressing energy use, water consumption, zoning, and other aspects of data center development.

This marks a fundamental shift for developers. Policy is now central to project strategy and must be addressed early to avoid costly permitting delays. At Atwell, we work with clients early in the process to evaluate policy risk alongside data center site selection and infrastructure considerations, helping clients focus on projects with strong viability.

Policy friction 

Projects that are technically feasible from an infrastructure standpoint are increasingly being delayed or stopped due to policy challenges. Multi-phase, gigawatt-scale campuses are prompting policymakers to reconsider:

  • How data centers connect to the grid
  • How infrastructure costs are shared
  • How communities absorb large-scale development

Policy is evolving in real time, increasing data center site selection policy risk for developers evaluating new markets.

Policy and project economics 

Data centers are increasingly classified as “large load” infrastructure, and demand at the scale of Stargate projects is reinforcing that classification. In response, states and utilities are introducing policies that:

  • Require developers to fund grid upgrades and interconnection costs through financial guarantees during the power commitment process
  • Establish new rate structures for high-demand users
  • Mandate participation in demand response or curtailment programs

At the same time, the scale of these projects is reshaping how energy is sourced. Massive campuses that will require lots of power are difficult to support through traditional grid expansion alone. Because of this, policymakers and utilities are exploring:

  • Behind-the-meter generation
  • Co-located energy infrastructure
  • New regulatory pathways for self-supplied power

Energy strategy is no longer just about securing capacity but about navigating AI data center infrastructure policy alongside utility and regulatory requirements. This shift requires earlier evaluation of interconnection risk, more flexible site design, and closer integration of energy infrastructure into land planning.

Emerging local policy 

While federal and state policies set the tone, local governments are playing a larger role in determining project outcomes. Stargate-scale campuses require extensive land, significant resources, and major transmission infrastructure. While these projects require significant resources, it is important to separate facts from uncertainty to support informed decision-making. These factors are drawing increased scrutiny at the local level.

In response, municipalities are:

  • Implementing halts on new data center development
  • Introducing stricter zoning and conditional use requirements
  • Linking approvals to impacts such as water use, noise, and visual scale

Data centers are becoming increasingly scrutinized and require stricter approval requirements. Approval depends on early alignment with local priorities, clear articulation of impacts, and proactive responses to community concerns. Site design is no longer just technical – it is a tool for securing approvals.

Incentive shifts 

Tax incentives have long played a role in data center development, but that model is evolving. States are reevaluating incentive programs and assessing net benefits of data center facilities on local communities.

Larger, campus-scale developments are accelerating this shift toward performance-based incentives, infrastructure-related requirements, and a greater emphasis on long-term community benefit. For developers, this means incentives are no longer assumed but negotiated based on how projects contribute to infrastructure, design, and community outcomes.

The federal-state-local tension triangle 

One of the most important realities in 2026 is that there is no single authority governing data center development. Federal agencies are beginning to treat AI infrastructure as strategically important. States oversee utility regulation and incentives for data center development, while local governments control land use and approvals.

The scale of emerging demand is putting pressure on all three levels at once, leading to policy overlaps, conflicting requirements, and uncertain timelines. As a result, policy due diligence regarding AI data center infrastructure must begin as early as site evaluation.

What happens next? 

Projects are getting larger, impacts are becoming more visible, and policy is evolving in response. Successful projects in this environment are not just well-engineered but well-positioned within the policy landscape from the start.

Developers will need to anticipate policy risk early, translate regulatory requirements into design solutions, and align infrastructure decisions with community and regulatory expectations.
The question is no longer just “Can we build here?” but “Can we build here at this scale, within this policy environment, and how should we design for it?”

Atwell helps clients navigate this by aligning planning and regulatory strategy early, separating facts from conjecture, and positioning projects for compliance and long-term success. Connect with our team to discuss how policy shifts could impact your data center project.

About the Author

Kevin Coughlin

Vice President

Kevin Coughlin serves as a Vice President with approximately 20 years of Mission Critical, Power and Industrial/Commercial experience. He currently leads several Mission Critical strategic growth initiatives and provides subject matter expertise to clients on Atwell’s integrated Land and Power services. His experience from early due diligence through engineering and construction provides the foundation to guide projects from the earliest concept stages through completion. 

The spaces in between: How the right relationships can move complex energy developments forward

 

Large, complex developments, such as data centers or advanced manufacturing facilities, require coordination among many specialists. Developers, utilities, engineers, municipalities, contractors, and investors all work together to move a project forward. Sound market knowledge, technical expertise, and proper execution are all essential, but one of the most valuable drivers of success is often overlooked: the power of connection.

In fast-growing sectors where timelines are tight and infrastructure demands are high, these connections often determine how quickly a project can move from concept to construction.

Atwell excels not only in our technical expertise but also in the spaces in between. We connect people, solve challenges, and help projects move forward even when a clear path does not yet exist. Because we support projects from concept through completion, our team often sees opportunities others may miss. Through our family of companies, we provide resources spanning the full project lifecycle, and we bring the right people together to create solutions and build new possibilities. These connections often happen outside formal project scopes, in conversations or introductions that bring the right expertise together at the right moment.

The “spaces in between”: where projects move forward 

Many projects stall not just because of technical barriers, but also because the right relationships have not yet been formed.

For example, a developer may need power solutions, and a utility may have capacity but lack a partner to execute quickly. Atwell sits at the intersection of these conversations and can introduce teams or partners who can turn a project from an idea to a reality.

In other cases, a municipality may be seeking economic growth while a developer is searching for the right location for their project. Our in-house teams leverage their industry relationships while prioritizing thoughtful community engagement to make the right introductions. When those priorities align, new opportunities emerge that benefit both the community and the project.

Our national presence with local expertise enables us to build connections at every level needed to bring a project to completion. If we do not have the solution, someone in our network or family of companies will, and we will help to make that connection. We not only advocate for our clients but also connect them with the people and resources they need to get the job done.

Creating connections that unlock opportunities 

Our team excels at thinking beyond traditional solutions. By combining technical expertise with strong industry relationships, we often identify opportunities others might miss.

James Hall, Executive Vice President of Special Projects, recently shared an example from a data center conference.

“I was wrapping up a meeting with a potential client and was running late to meet with an existing client,” Hall said. “Instead of cutting the conversation short, I suggested they join me for the next meeting because I believed their two companies should meet. This was a bit of a risky move that turned out to be the right call. The introduction created a strong connection between their two organizations and opened the door to new opportunities not just for the industry but also for our team. Sometimes thinking on your feet and bringing the right people together can make all the difference.” Moments like these happen in the spaces in between, when the right introduction at the right time brings new partnerships and projects to life.

While the conversation started as a simple introduction, it ultimately led to a new working relationship between two organizations that may not have otherwise connected. In industries as collaborative as data center development, these relationships often become the foundation for future projects.

Why Atwell is positioned to make these connections 

Atwell works across the full project lifecycle, offering solutions from site selection and due diligence to engineering, permitting, construction management, and power delivery solutions.

Our family of companies expands the expertise we can bring to every project. Because we collaborate with developers, utilities, municipalities, and contractors nationwide, we often see opportunities to connect partners who can solve challenges together.

This perspective allows us to identify connections that others may not see—linking ideas, expertise, and resources across organizations to keep projects moving forward.

Connection fuels progress 

Progress on complex projects rarely happens in isolation. It happens through collaboration, shared expertise, and relationships built over time. By working in the spaces in between—connecting the right people, ideas, and resources—opportunities can be transformed into real projects that move industries and communities forward.

 

Atwell expands P6 scheduling services across energy infrastructure

 

As energy projects become more complex, clear planning and coordination are essential. We have expanded our Primavera P6 (P6) scheduling services beyond traditional oil and gas projects to support renewable energy and transmission infrastructure.

This expansion reflects the evolving energy landscape and our continued delivery of practical, integrated solutions that help our clients move projects forward with confidence.

What is P6 scheduling? 

Primavera P6 is a project management and scheduling platform used to plan and manage complex projects. It helps teams:

  • Build detailed, logic-driven schedules
  • Track progress and performance in real time
  • Identify risks and critical path activities
  • Allocate resources across large programs

P6 creates a reliable, shared view of project progress from start to finish.

Expanding beyond oil and gas 

At Atwell, our teams have long used P6 scheduling to support large oil and gas developments, where multi-phase construction and regulatory requirements demanded careful planning.
Today, renewable energy and transmission projects face many of the same challenges, including coordinating multiple stakeholders, managing tight construction timelines, navigating changing regulations, and aligning work across geographically dispersed sites.

By expanding our P6 capabilities, we bring proven scheduling approaches to these growing areas of the energy market.

How we help clients succeed 

Our P6 scheduling services go beyond building project timelines. We help clients make informed decisions, reduce risk, and improve outcomes.

“We give our clients a clear path forward by identifying and addressing potential risks early in the project,” said Brittany Scott, Program Manager, Power and Energy. “By using P6 and bringing in dedicated team members with deep program knowledge, we deliver a clear, data-driven view of project status, critical path items, and potential delays—so our clients can act early and stay on track.”

Additional benefits of P6 include stronger risk management, improved coordination across teams, more efficient resource planning, and scalable support for complex programs.

Supporting the future of energy 

As the energy transition accelerates, projects are becoming more interconnected and schedule-sensitive. Our expanded P6 services bring structure and reliability to renewable and transmission projects, building on our experience in oil and gas.

We combine industry knowledge with advanced scheduling expertise to help clients navigate complexity and keep projects moving forward.

An integrated approach to project delivery 

Expanding P6 scheduling is part of how we deliver more connected, end-to-end solutions across our Oil & Gas, Renewables, and Power & Infrastructure teams.

By aligning planning, engineering, and execution, we help clients deliver projects more efficiently and predictably.

Building through uncertainty: How developers navigate market cycles

 

Uncertainty is shaping today’s real estate market, but opportunity remains strong for those prepared to move with clarity and discipline.

Elevated interest rates, uneven job growth, persistent inflation, and evolving government regulations have slowed decision-making and tightened capital. Many developers are approaching projects with greater caution. Yet the market is not retreating – it is recalibrating.

Investment sales volume increased by 16% in the first half of 2025, reaching $221 billion. At the same time, buy sentiment for 2026 is the highest it has been in the past 20 years of tracking. Capital is still active, but it is much more selective. Investors are refining strategies, prioritizing fundamentals, and aligning capital with projects positioned for long-term durability.

In this environment, uncertainty is not eliminating opportunity. It is refining it.

Developers are facing three layers of pressure

  1. Financial pressure: Capital is selective but not absent

The price of capital itself has increased and debt is more expensive. Because of this, equity partners are seeking stronger downside protection and lenders are applying higher scrutiny throughout the process. These conditions create additional challenges, especially for smaller developers who may face tighter lending standards and higher costs. More established, well-capitalized groups tend to have more flexibility to move projects forward.

However, capital is not leaking out of the market and opportunities remain across a range of developers and project types. Transaction volume is increasing and investors are actively pursuing opportunities. The key shift is in clarity. In the past, investors prioritized future growth potential but in today’s market, investors want disciplined strategies built for steady performance and long-term durability.

2. Execution pressure: Predictability is a competitive advantage

Pressure also exists in the availability of the workforce, supply chain, utility lead times, and complex regulatory and entitlement processes. This impacts scheduling and budgeting which in turn influences financing terms.

Lenders and equity partners are asking deeper questions:

  • Is utility capacity confirmed?
  • Are off-site improvements defined?
  • Is there a realistic and well-mapped entitlement path?
  • Are contingencies sufficient?

Projects that address these questions early on improve overall clarity, minimize the time it takes to secure approvals, and improve cost reliability, which in turn increases confidence.

3. Market pressure: Demand is concentrated, not declining

Demand hasn’t vanished, it has just become more concentrated. Investors are shifting their priorities towards markets with infrastructure investment, population growth, diversified employment bases, and strong municipal alignment.

Well-positioned assets in strong markets continue to lease and trade. Projects in marginal locations or without clear structure face greater resistance.

Strong fundamentals still win, perhaps more now than ever before.

Risk or opportunity?

Although market pressure clearly exists, real estate leaders have faith in future buying opportunities. Data continues to point towards engagement with rising numbers of transactions and strong buy sentiment. When we have seen capital become more selective in the past, we have also seen shifts in:

  • More realistic land pricing
  • Reduced competition
  • Lower oversupply risk
  • More disciplined project assumptions
  • A shift from short-term flips to long-term holds

During these times of recalibration, stronger projects will be the ones selected to move forward and weaker projects will be filtered out.

Uncertainty isn’t wiping opportunity out; it is sharpening it.

Is development slowing or evolving?

Development is not pausing; it is maturing. During expansion market cycles, projects are rewarded for speed and scale. During more complex cycles like the one we currently face, sequencing and precision are most crucial. Capital projects are being built for longevity.

We are also seeing increased emphasis on partnership-driven development. Public-private collaboration, infrastructure coordination, and community alignment are playing larger roles in project success.

From the outside, activity may appear slower. In reality, it is more deliberate and ultimately more durable.

Where long-term stability is built  

Regardless of the current market cycle, stability is rooted in fundamentals rather than speed.

Markets that sustain performance over time tend to share a few common characteristics:

  • Population growth
  • Diverse employment bases
  • Infrastructure capacity
  • Transportation access
  • Reliable utilities
  • Clear entitlement processes
  • Collaborative policy environments

These factors reduce uncertainty while supporting long-term demand across housing, retail, industrial, and mixed-use development.

Stability is not about chasing the fastest-growing market each year. It is about identifying locations with strong foundations that can adapt and endure over decades.

The developer mindset that wins

Market shifts test both execution and mindset. Developers who perform consistently even through uncertainty tend to share a common mindset: they value patience, clarity, and long-term solutions. Rather than having immediate reactions to market trends, they anchor their decisions over longer periods of time.

They do not wait for perfect clarity and they plan for change. They rely on data, experience, and disciplined execution and are comfortable with complexity. They also recognize the value of working with experienced partners who can help navigate regulatory requirements, manage risk, and bring clarity to complex decisions throughout the development process.

The main difference is not optimism or caution but rather preparedness.

Opportunity laced with complexity

Uncertainty will always be part of real estate development. What defines success will not be simplicity but rather the ability to move forward with a structured vision and a strong sense of judgment.

Opportunity exists; it just favors those prepared to build through the complexity, not around it.

If you are evaluating your next project or reassessing strategy in today’s market, our team is ready to help you plan with clarity and confidence. Let’s start the conversation.

About the Author

Dev Sitaram

Senior Director

Dev Sitaram has advised clients on land development projects across the Mid-Atlantic region for more than 40 years. He specializes in serving national and regional homebuilders, bringing deep experience in master-planned communities and a strong understanding of stakeholder priorities from project inception through occupancy. He is recognized for successfully guiding clients through complex permitting and entitlement processes in some of the region’s most demanding regulatory environments.

Powering what’s next: Why location, timing, and balance will shape the energy transition

 

Electricity demand in the U.S. is no longer a future discussion – it’s here, and it’s accelerating.

After more than a decade of relatively flat growth, forecasts now point to U.S. electricity demand increasing more than 40% by 2050. In some regions, that growth is happening even faster.  The drivers are clear: electrification, reshoring of manufacturing, and the explosive growth of AI and data centers.

Data centers alone could account for 7-12% of total U.S. electricity consumption by the end of the decade, according to the Department of Energy. That’s a structural shift in load – and it’s happening on compressed timelines.

At the same time, renewable energy continues to dominate new capacity additions.  In 2024, roughly 80-90% of new U.S. generation added to the grid came from solar, wind, and battery storage, with solar leading for multiple consecutive years. Today, renewables generate more than 20% of U.S. electricity – and an even larger share of what’s sitting in interconnection queues.

So, the question is no longer if demand is coming. The question is whether the industry can deliver infrastructure fast enough – and in the right places – to meet it.

Geography will determine who wins 

Not all load growth is created equal. In ERCOT, we’re seeing some of the fastest demand growth in the country, with solar and storage scaling to meet peak demand.  In the Midwest and Southeast, growth is being driven by manufacturing, EV supply chains, and population shifts.  In PJM – particularly Northern Virginia – data centers are creating concentrated, high-density load pockets that are stressing existing transmission systems.

This isn’t just about resource quality anymore.  It’s about proximity to load, transmission availability, and the reality of how long it takes to build. The projects that succeed will be the ones aligned with real demand and real grid conditions – not just the best solar irradiance or wind speeds on a map.

Timing is now the biggest risk – and opportunity 

One of the biggest disconnects in the market today is timing. Load is being announced quickly.  Infrastructure is not.

Interconnection queues across the U.S. now total multiple terawatts of generation and storage capacity.  Many projects face years of studies, permitting challenges, and upgrade requirements before they can move forward. At the same time, new load – especially data centers – is moving on aggressive timelines.  If generation shows up too early, projects stall. If it shows up too late, reliability and cost pressures increase.

Execution – not ambition – is becoming the differentiator. 

A balanced energy mix is not optional.

As demand accelerates, the conversation is shifting back toward reliability – and with that, a renewed focus on natural gas and other forms of firm, dispatchable generation. That shift is real, and it’s necessary.

The grid needs dependable capacity that can show up on demand. But that doesn’t reduce the role of renewables – it clarifies it. Renewables, natural gas, and storage are not competing priorities. They are complementary parts of a system that have to deliver power at scale, reliably, and at a reasonable cost.

At the same time, the long-term direction is hard to ignore. Even with policy shifts and changing political priorities, the fundamentals driving cleaner energy remain in place – corporate sustainability commitments, customer expectations, and the simple reality that emissions and environmental impact don’t pause for election cycles. You don’t have to agree on every aspect of climate policy to recognize where this is going. The energy system is getting cleaner over time – not all at once, and not in a straight line – but steadily. The real work is making sure we build a system that is both reliable today and sustainable over the long term.

Turning demand into real progress 
There is a real opportunity in front of us. Renewables and storage are now among the lowest-cost sources of new generation in many markets.  Battery storage capacity alone has grown more than tenfold in the past five years, fundamentally changing how we think about reliability and peak demand. But none of that matters if projects can’t get built.

Delivering on this moment requires alignment – between developers, utilities, regulators, and infrastructure partners. It requires a clear understanding of where load is actually materializing, when it will come online, and what it will take to serve it. Because in today’s market, success isn’t just about developing projects. It’s about developing the right projects – in the right places – at the right time. That’s how we turn load growth into real, buildable progress – and continue moving toward a more resilient and diversified energy future.

About the Author

Jason Utton

Senior Vice President

Senior Vice President of Atwell’s Power Group, Jason Utton has been developing renewable energy projects for more than 17 years, with experience in wind, solar, and battery storage projects across the country. He currently provides large scale investment and development clients with business goal setting, renewable portfolio optimization, and capital deployment strategies.

ALTA/NSPS 2026 survey standards: what’s changed and what it means for the industry

 

After several years of collaboration by the joint American Land Title Association (ALTA) and National Society of Professional Surveyors (NSPS) Work Group, updated standards are being implemented.  The updated survey standards take effect February 23, 2026, replacing the 2021 version and should be known as the 2026 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys.

Rather than introducing sweeping changes, the 2026 standards focus on improving clarity, consistency, and alignment with current land title survey practices. These updates are intended to reduce uncertainty, identify risk earlier, and support smoother transactions.

A thoughtful evolution of the standards

ALTA/NSPS land title surveys have long played a critical role in commercial real estate transactions, providing lenders and title insurers with a clear picture of property boundaries, improvements, access, and potential encumbrances.

The 2026 standards preserve this core purpose while refining language, definitions, and processes that previously led to confusion or inconsistent interpretation. The result is a more practical and reliable framework that benefits surveyors and survey users alike.

Clearer guidance on accuracy and precision

One of the most notable updates is improved language around Relative Positional Precision (RPP). While RPP has always been part of the standards, the revised definition more clearly explains how boundary precision is evaluated and communicated, which provides a better understanding of what survey accuracy represents and does not. For lenders, attorneys, and title companies, it supports clearer expectations and more informed decision-making.

More consistency in records research and easements

The 2026 standards also refine records research requirements and provide clearer direction for evaluating and showing easements and servitudes. These updates help promote:

  • Greater consistency between recorded documents and field observations
  • Clearer identification of rights, restrictions, and access
  • Reduced ambiguity when documents conflict with site conditions

By strengthening these sections, the standards reinforce the close connection between land title surveys and title insurance coverage.

A stronger focus on real-world conditions

Another key theme of the 2026 standards is increased emphasis on field observations. Surveyors are now expected to more clearly document conditions observed during fieldwork, including:

  • Evidence of possession or occupation around the full property perimeter
  • Physical features that may indicate encroachments or use conflicts
  • Conditions that could affect title or property use

This shift helps bring potential issues to light earlier in the transaction process, when they can be addressed proactively rather than late in the deal.

Modernized processes with flexibility for technology

To keep pace with evolving tools and methods, the updated standards move away from referencing specific technologies. Instead, they emphasize generally accepted professional practices. This approach allows surveyors to incorporate modern methodologies responsibly while maintaining consistent standards of care.

A new Table A item for clearer risk identification

One of the most visible additions in the 2026 standards is a new optional Table A item that allows surveyors to include a summary table identifying certain observed conditions on the survey.
This summary may highlight:

  • Encroachments
  • Conflicts
  • Conditions affecting title or use

For lenders and title insurers, this provides a clear, centralized view of potential risks, improving efficiency and transparency during review.

Added flexibility for certifications

The updated standards also clarify certification to successors and assigns, reflecting how transactions are commonly structured today. This guidance supports continuity across transactions and helps reduce rework as properties change hands or loans are assigned.

What this means for the industry

Taken together, the 2026 ALTA/NSPS standards support:

  • Greater clarity and consistency across surveys
  • Better alignment between documentation and field conditions
  • Earlier identification of potential risks
  • Stronger connections between surveys and title insurance coverage

These refinements help all parties move forward with greater confidence and fewer surprises.

Atwell leaders see the 2026 standards as a practical step forward for the industry. “The 2026 revisions reflect how the industry operates today, creating a more consistent and practical framework for survey standards. By clarifying expectations and allowing flexibility in how professional practices are applied, these updates provide clearer guidance for everyone involved in a transaction,” said Christopher R. Duda, PLS, Director of Special Projects. “At Atwell, we help clients understand what these changes mean for their projects and portfolios. Our team interprets the revisions strategically, ensuring surveys support immediate transaction goals while aligning with long-term investment and development plans,” he added.

How Atwell can help

Our teams have closely followed the development of the 2026 standards and are ready to support clients through the transition.

We go beyond simply applying the updated requirements. We help clients interpret what the changes mean for their specific transaction, development strategy, or portfolio.

We help by:

  • Advising on Table A selections based on transaction structure, lender expectations, and long-term risk considerations
  • Translating revised Relative Positional Precision language into practical guidance for non-survey stakeholders
  • Coordinating closely with title companies, attorneys, and lenders to reduce ambiguity and avoid late-stage surprises
  • Aligning survey scope with entitlement, design, and construction needs to minimize rework
  • Identifying potential encroachments, conflicts, and access concerns early so they can be addressed before closing

Whether you are preparing for a 2026 and beyond transaction, managing an active real estate portfolio, or advancing development in the land development, power and energy, or oil and gas markets, Atwell provides the technical insight and industry experience necessary to navigate the updated ALTA/NSPS standards and move forward with confidence.

The infrastructure alignment problem: How data center projects move forward or stall

 

The rapid growth of cloud computing, AI, and digital services has made data centers some of the most complex and time-sensitive projects in the built environment. Yet many projects do not slow down because of a single technical challenge. They stall because critical infrastructure elements move on different timelines and fail to align early.

Land, power, water, and connectivity each carry their own constraints, regulatory paths, and approval cycles. A site may appear viable on paper, but if even one of these systems lags, the entire project can be delayed or reshaped at significant cost. In today’s competitive data center market, success depends less on any single solution and more on how well these infrastructure systems are coordinated from the start.

Developers who focus on early alignment are better positioned to secure sites, manage risk, and deliver facilities that can scale with long-term demand.

Coordinating infrastructure from site selection through delivery

Atwell partners with data center developers nationwide to help align infrastructure systems from site selection through commissioning. Our teams understand that speed in today’s market is driven by early clarity and coordinated decision-making, not last-minute acceleration.

By integrating land development, environmental services, power engineering, water planning, and connectivity support, we reduce handoffs between disciplines and identify constraints earlier in the project lifecycle. This coordinated approach supports faster decisions, more predictable permitting, and smoother execution as projects move from concept to operation.

Atwell’s integrated delivery model is built around four core infrastructure systems: land, power, water, and connectivity. Aligning these systems early helps developers move forward with confidence while reducing uncertainty as projects scale.

Land readiness as the foundation for alignment

Land is often the first system assessed and one of the most underestimated. Zoning, entitlements, environmental conditions, and geotechnical factors all influence whether infrastructure can be delivered on schedule. Misalignment at this stage can ripple through power, water, and connectivity planning later.

Atwell supports confident site selection through integrated land development services. Our teams conduct feasibility studies and geographic information system (GIS) analysis, manage zoning and entitlement processes, and coordinate permitting with local and state agencies. Environmental and geotechnical evaluations are incorporated early to identify constraints before they affect downstream infrastructure decisions.

This proactive approach to land readiness helps establish a realistic development timeline and reduces the risk of costly surprises as projects advance.

Power planning on the utility clock

Power availability is often the longest and least flexible timeline in data center development. Utility capacity, interconnection requirements, and regulatory approvals must align with development schedules, yet these processes frequently extend beyond typical real estate timelines.

Atwell helps developers coordinate power planning early by integrating utility engagement, interconnection studies, and electrical infrastructure design. Our in-house power engineering teams, working alongside Strategic Construction Solutions, support engineering, procurement, and construction for substations and high-voltage systems.

By addressing power strategy early, including renewable energy integration, microgrids, and backup systems, developers gain clearer visibility into capacity, cost, and long-term resilience. This alignment helps prevent late-stage redesigns and supports continuous operations as demand grows.

Water and cooling strategies aligned with local realities

Water use and cooling strategies are increasingly central to data center planning, particularly in regions facing resource constraints or heightened public scrutiny. Availability, permitting, and sustainability expectations all influence how water systems must be designed and documented.

Atwell works with developers to align water and cooling solutions with local conditions and regulatory frameworks. Our teams support water rights and permitting, design cooling approaches such as closed-loop, immersion, and reclaimed water systems, and assist with environmental, social, and governance reporting, including water usage effectiveness metrics.

By addressing water strategy early, especially in water-constrained regions, developers can balance performance, sustainability goals, and community expectations while reducing approval risk.

Connectivity planned as core infrastructure, not an afterthought

Fiber connectivity shapes how a data center performs from the moment it comes online. Latency, redundancy, and carrier diversity are difficult and expensive to correct if not addressed during site planning.

Atwell integrates fiber planning directly into site development to support reliable connectivity from the outset. Using geographic information system analysis and outside plant design, our teams evaluate routes, map existing infrastructure, and manage permitting. From carrier diversity planning to edge market connectivity, we help developers plan network infrastructure that aligns with both immediate needs and long-term growth.

Early coordination of connectivity helps avoid constraints that can limit scalability and operational flexibility later.

Aligning infrastructure to support what’s next

With more than 2,100 professionals across 77 offices nationwide, Atwell brings national reach paired with local understanding of regulatory environments and regional infrastructure challenges. Our teams prioritize safety, quality, and schedule while working collaboratively with clients, utilities, and public agencies.

As demand for digital infrastructure continues to grow, the ability to align land, power, water, and connectivity early will continue to separate projects that move forward from those that stall. Atwell remains focused on helping data center developers solve the infrastructure alignment problem and deliver resilient systems that support the digital economy for decades to come.

Seven megatrends shaping Power & Energy in 2026

 

The power and energy market has never lacked capital, technology, or ambition. What it has lacked, and continues to lack heading into 2026, is time. Electric load is growing faster than the grid can respond. Policy is moving slower than markets. Interconnection queues are overwhelmed. Communities are more engaged, more skeptical, and more willing to stop projects outright. And capital, while abundant, is becoming far more selective.

This year, success will hinge less on bold forecasts and more on execution discipline. The next cycle will reward projects that are well-sited, grid-aware, and realistically deliverable – and punish those built on outdated assumptions.

From Atwell’s vantage point, working across generation, storage, transmission, and large-load infrastructure nationwide, seven megatrends are already reshaping where capital flows and which projects get built.

1. Load growth is real – but geography & timing matter more than headlines

There is no longer serious debate about electricity demand growth. Data centers, AI workloads, electrification, reshoring, and population growth are pushing the system harder than it has been pushed in decades. The Department of Energy (DOE) estimates that data centers alone could increase national electricity consumption by 7-12% by the end of the decade, with the vast majority of that growth concentrated in a limited number of regions rather than spread evenly across the country.

What remains misunderstood is where and when that load actually materializes.

Load growth is highly concentrated, often delayed relative to announcements, and dependent on transmission availability, permitting, water access, and local political alignment. Some regions are pulling ahead quickly. Others, despite strong demand signals, are constrained by grid and siting realities.

For developers, chasing theoretical demand is no longer sufficient. Projects must be aligned with real, executable load pathways, not just macro forecasts.

2. Interconnection has become the primary value driver

Interconnection is no longer a back-office engineering exercise. It is the single biggest determinant of whether a project moves forward and whether it makes money. Small changes in interconnection cost or timing can shift project breakevens materially. Upgrade uncertainty has become one of the top reasons projects stall or die after site control.

In several organized markets, interconnection timelines that once measured in months are now stretching to five to seven years for new generation, fundamentally altering development sequencing and project economics.

In many markets, developers are forced to make go/no-go decisions before definitive interconnection outcomes are known. That elevates the importance of queue-congestion analysis, upgrade sensitivity modeling, and understanding where storage or hybrid configurations can mitigate grid impacts.

Good land without grid advantage is increasingly stranded. Projects that integrate grid realities early are pulling ahead.

3. Solar cannibalization and storage saturation are structural, not cyclical

Merchant assumptions that worked five years ago are breaking down. In high-penetration solar markets, cannibalization is no longer theoretical, it is structural. In the Electric Reliability Council of Texas (ERCOT) North load zone, rapid solar buildout has materially compressed midday pricing, eroding merchant revenues even as total generation capacity continues to grow.

Storage faces a similar reality. Early battery projects captured outsized arbitrage returns, but saturation is already reducing those returns in mature markets.  In the California Independent System Operator (CAISO), increasing battery penetration has driven arbitrage revenues down as competition for the same price spreads intensifies.

This doesn’t mean solar, or storage, are poor investments. It means:

  • Location matters more than ever
  • Revenue stacking must be realistic
  • Modeling must explicitly account for saturation

Projects that ignore these dynamics will underperform. Projects designed around them will continue to attract capital.

4. Storage is the backbone of new power markets – and it comes with new risks

Battery storage is no longer optional. In many regions, it is the economic and operational backbone of new power development.

In 2025 alone, more than 40 giggawatt-hours (GWh) of battery storage was installed in the U.S., with most of that capacity concentrated in CAISO and ERCOT – accelerating both grid flexibility and market saturation.

Storage supports interconnection, manages congestion, smooths intermittency, and enables hybrid configurations. It is also increasingly central to how utilities and large loads think about reliability.

But storage introduces new risks that must be addressed early:

  • Availability and outage risk directly impact revenue
  • Fire codes, setbacks, and safety concerns can halt projects
  • Foreign Entity of Concern (FEOC) compliance and supply-chain uncertainty affect cost and timing
  • Community opposition to Battery Energy Storage Systems (BESS) is increasing

Treating storage as a simple add-on to solar is no longer viable. BESS siting, permitting, and community engagement are now distinct disciplines, and failures in any one of them can derail otherwise strong projects.

5. Data centers are no longer just offtakers — they’re infrastructure partners

One of the most significant shifts underway is how data centers engage with power markets. These customers are creditworthy, often price-insensitive relative to reliability needs, and increasingly willing to co-locate or sponsor generation. Power is no longer an ESG checkbox – it is mission-critical infrastructure.

This shift is most visible in markets such as Northern Virginia, Texas, and parts of the Midwest, where data center demand is reshaping interconnection strategy, site valuation, and development timelines.

Value is moving toward powered land, load-adjacent generation, hybrid front-of-meter and behind-the-meter configurations, and partial islanding models. Developers who understand this shift can unlock new offtake pathways. Those who don’t will struggle to place projects that no longer fit buyer needs.

6. Policy uncertainty isn’t killing projects — it’s killing schedules

Federal policy uncertainty around tax credits, FEOC guidance, permitting, and tariffs is real. But it is not causing widespread project cancellations. What it is doing is elongating timelines and increasing execution risk.

State-level divergence adds another layer of complexity. Some jurisdictions are accelerating capacity additions. Others are increasing scrutiny, particularly around affordability and community impact.

The practical effect is a widening gap between projects that can start construction in 2026 and those that slip into later years, where both pricing and capital availability become far less certain.

The result is a market where speed matters more than ever.

7. The next cycle favors execution discipline over scale

Capital is abundant  but it’s impatient. The market is bifurcating between projects that are executable in the near term and those that are not. Scale alone is no longer enough.

Hybridization is emerging as the default delivery model – combining solar, wind, storage, and, in some cases, natural gas. New greenfield gas faces timing and permitting challenges, while nuclear and Small Modular Reactors (SMRs) remain part of the long-term solution set but face economic and schedule hurdles that limit near-term deployment.

The projects that succeed in 2026 will be those designed around what can be built, not just what looks good on paper.

Where Atwell fits in a market that punishes uncertainty

As these megatrends converge, one thing is clear: the power market is no longer forgiving of late-stage surprises.

Projects no longer fail because the technology doesn’t work. They fail because risk shows up too late – in interconnection, permitting, community response, or execution timing. By the time those issues surface, capital has already moved on.

This is where Atwell’s role has evolved.

We are not just helping clients determine whether a site is technically developable. We are helping them answer whether it is financeable, executable, and aligned with where the market is moving – before significant capital is committed.

That means integrating disciplines that have historically been treated separately:

  • Siting and land strategy, informed by grid and market realities
  • Interconnection intelligence, including upgrade sensitivity and timing risk
  • Policy and permitting risk, evaluated alongside engineering feasibility
  • Community and stakeholder dynamics, addressed early rather than reactively
  • Execution planning, with speed-to-construction treated as a core value driver

In today’s market, those elements cannot be sequenced – they must be designed together.

Speed and certainty are the new competitive advantages

Capital is still available. What’s scarce is confidence. Investors, utilities, and large loads are prioritizing projects that can move quickly with fewer unknowns. The difference between a project that is “possible” and one that is “ready” has never been more valuable.

Atwell’s advantage is helping clients reduce that gap.

Because we work across power generation, storage, transmission, and large-load infrastructure nationwide, we see friction points early – interconnection constraints, permitting triggers, community risk, or schedule killers – and help clients design around them before they become fatal.

In practical terms, that means:

  • Avoiding sites that look good on paper but are unlikely to clear grid or permitting hurdles
  • Prioritizing jurisdictions and configurations where timelines are predictable
  • Structuring projects to be resilient to policy uncertainty rather than dependent on it
  • Supporting hybrid and load-adjacent strategies that reflect how power is being procured today

This approach doesn’t eliminate risk. But it moves risk forward, where it can be managed – instead of discovered after time and capital are already sunk.

A market that rewards realism

In 2026, the power and energy market is entering a phase where realism matters more than optimism.

Projects will continue to be built. Capital will continue to deploy. But the winners will be those who align early with grid reality, policy constraints, and end-user demand – and who can execute with speed and discipline.

That’s the work we are focused on at Atwell: helping clients navigate what’s next, not by chasing headlines, but by building projects that can get across the finish line.

About the Author

Jason Utton

Senior Vice President

Senior Vice President of Atwell’s Power Group, Jason Utton has been developing renewable energy projects for more than 17 years, with experience in wind, solar, and battery storage projects across the country. He currently provides large scale investment and development clients with business goal setting, renewable portfolio optimization, and capital deployment strategies.

Atwell leader insights of 2025: Thoughtfully guiding, collaborating, and delivering impact

 

Throughout 2025, Atwell leaders shared perspectives shaped by their experiences, collaborations, and a deep understanding of the markets we serve. From emerging data center strategies to renewable energy growth, program management, and community engagement, these insights reflect how our teams continue to lead with purpose while helping clients navigate change.

Below is a look back at Atwell leader insights from 2025, highlighting the ideas that helped define our year.

In January, Senior Vice President Jason Utton and Vice President Courtney Schmidt shared insights on the evolving data center market and the critical factors that influence successful site selection. Drawing on experience supporting complex developments nationwide, the discussion emphasized that identifying the right location requires more than available land. Power access, infrastructure capacity, permitting certainty, and long-term scalability all play a defining role.

In February, we honored National Engineers Week by highlighting Atwell engineers Rachel Sutherland, Lindsay Galarza, and Ray Holliday. They reflected on the deeper purpose behind their work and what it means to be an engineer in today’s built environment. They emphasized that engineering at Atwell is rooted in solving real-world problems that improve lives.

In March, during National Surveyors Week, we spotlighted the growing impact of women surveyors across the profession. The conversation highlighted Atwell’s Project Surveyor Tori Aper, Surveying Technician Verena Lake, and Project Surveyor Julie Reincke and focused on how diverse perspectives strengthen project outcomes, foster innovation, and build more resilient teams.

In April, Robert Mitchell, Construction Manager, shared insights on the value an owner’s representative brings to construction projects. Acting as an extension of the owner’s team, our professionals help align stakeholders, manage risk, and maintain momentum throughout the project lifecycle. This perspective reinforced the importance of proactive communication, accountability, and strategic oversight in delivering projects on time and on budget. Also in April, Danielle Peoples, Project Director for Communications and Stakeholder Engagement, explored why renewable energy feels right at home in rural America. Her insights focused on how solar and wind projects can coexist with agricultural land uses while delivering economic benefits to local communities. Success, Peoples noted, depends on early engagement, transparency, and long-term partnership with landowners and stakeholders, areas where Atwell’s local knowledge and national reach intersect.

In May, Courtney Schmidt and Tracey Dubuque, Vice President, addressed the differences and opportunities between project management and program management. As development portfolios expand, clients increasingly need a coordinated approach that aligns multiple projects under a unified strategy. The discussion highlighted how standardized processes, data-driven decision-making, and clear governance help organizations scale efficiently while maintaining consistency and control.

In August, Atwell leaders shared three complementary perspectives that underscored how policy, market forces, and disciplined execution are converging in today’s energy landscape. In one insight, Tracey Dubuque shared how recent federal legislation, often referred to as the One Big Beautiful Bill, is igniting new opportunities in renewable energy while raising the stakes for thorough due diligence. Also in August, Courtney Schmidt and Chase Pelletier, Senior Director, shared how aligning schedules, budgets, stakeholders, and data across portfolios helps organizations respond more effectively to regulatory shifts, supply chain pressures, and evolving client expectations. The August insights concluded with a piece by Tracey Dubuque and Jason Minock, Senior Development Manager, Renewables. They explored the forces driving new demands in energy, including electrification, data center growth, manufacturing expansion, and grid modernization.

In September, Bourke Thomas, Vice President at Atwell, provided updates on federal environmental policy and the strategic considerations developers must account for when planning projects. He identified early environmental review, regulatory awareness, and proactive coordination as key drivers of schedule certainty. Also in September, Danielle Peoples participated as a featured panelist in the Resilient Communities webinar series, offering an inside look at solar development and local community benefits. September also featured insights from James Hall, Executive Vice President of Special Projects at Atwell. In his piece, Hall expanded on the 4 Ps of data center development: power, policy, place, and partnership. Further exploring the data center topic, Courtney Schmidt examined how access to power and connectivity influences decisions about data center locations.

In October, Atwell Project Manager Michael Keith turned his focus to the foundations of exceptional client service. He identified trust, transparency, and teamwork as essential elements in building lasting relationships and delivering consistent value. By fostering collaboration across disciplines and maintaining open communication, Atwell teams are able to anticipate challenges and respond with solutions tailored to client goals.

In November, Atwell Vice Presidents Jim Lowe and Eric Lord examined the onshoring effect and its role in driving rural manufacturing growth. They focused on how access to land, infrastructure investment, and strong partnerships are enabling the expansion of domestic manufacturing. Also in November, Don Manhard shared his perspectives following the addition of Manhard Consulting to the Atwell team, marking a milestone that strengthened our capabilities while reinforcing a shared commitment to client success.

In December, Danielle Peoples explored the intersection of data centers and community engagement. Bringing communities into conversations about data centers and emerging technologies is crucial for building trust and fostering long-term alignment. We wrapped up the year with reflections from Atwell CEO Matthew C. Bissett, who shared Atwell’s 2025 achievements and outlined a forward-looking vision for 2026 grounded in innovation, collaboration, and service.

As we look ahead, these insights reflect who we are as a firm and how we lead. Through continuous innovation, thoughtful partnership, and a commitment to building better outcomes, Atwell remains focused on helping our clients and communities succeed from concept to completion.