A Georgia short line railroad has lauded a Fulton County Superior Court judge’s ruling upholding a Georgia Public Service Commission ruling granting the railroad company the power to take land from several property owners in Sparta, Georgia, for a spur.
Judge Craig Schwall has stayed Sandersville Railroad’s construction pending an appeal. The property owners, represented by the Institute for Justice, vowed to appeal the ruling to the Supreme Court of Georgia.
Railroad representatives note this is the third independent review of the case — a PSC hearing officer, the Public Service Commission and a Fulton County Superior Court judge. All three delivered the same result: an opinion that the Sandersville Railroad can acquire 200-foot-wide strips of land for its “Hanson Spur” using eminent domain to construct the Hanson Spur.
They also note that the railroad is not taking any homes and will compensate the property owners for the 4-7% of their property needed for the spur.
“We are pleased with the Fulton County Superior Court’s decision to uphold the Georgia Public Service Commission’s original ruling,” the railroad said in a statement. “The Hanson Spur is a critical infrastructure project that will open new channels of trade for local businesses, reduce truck traffic, and serve the public with minimal impacts on our neighbors.
“Sandersville Railroad has remained committed to working transparently and collaboratively with the community throughout this process,” the railroad added. “We will continue to work closely with the community as we move forward with the Hanson Spur, and once again encourage our neighbors to return to the negotiating table so we can bring new opportunities and channels of trade to all the citizens of Hancock County and the region.”
In March 2023, Sandersville Railroad officials asked the PSC for permission to condemn and take land owned by Don and Sally Garrett. The land has been in Don Garrett’s family for generations.
In May 2023, the Garretts, Blaine and Diane Smith, and Marvin and Pat Smith teamed up with IJ to challenge the condemnation. Sandersville moved to condemn more land after additional property owners joined in July 2023.
In September 2024, the PSC unanimously approved Sandersville’s request.
