A Fulton County Superior Court judge has upheld a Georgia Public Service Commission ruling granting a private railroad company the state’s eminent domain power to take land from several property owners in Sparta, Georgia.
However, 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.
“While today’s ruling is disappointing, we remain committed to proving to the courts that a private railroad’s desire to build a speculative new line entirely for the benefit of a handful of private companies is not a public use under the U.S. and Georgia constitutions and Georgia’s eminent domain laws,” IJ Senior Attorney Bill Maurer said in a statement. “We look forward to the Georgia Supreme Court’s review and we are thankful that our clients will not have to deal with Sandersville building tracks on our clients’ property until the higher court weighs in.”
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.
“Every day that Sandersville isn’t coming onto our land and starting to build is a good day,” Diane Smith said in an IJ-issued release. “But we won’t rest easy until we know for sure that they’ll never be able to take our land from us.”
