Georgia Court of Appeals to Hear Oral Argument in Lawsuit Challenging Georgia Railroad’s Attempt to Take Private Land

The Georgia Court of Appeals is set to hear oral arguments in a lawsuit challenging a private railroad company’s attempt to use the state’s eminent domain power to take land from several property owners in Sparta, Georgia.

On Wednesday, Institute for Justice Senior Attorney Bill Maurer, who represents the property owners, will argue the lower court erred when it sided with the railroad company.

The case began in March 2023, when the Sandersville Railroad filed a petition to condemn several pieces of property in Sparta. Two months later, the Institute for Justice announced it would represent the property owners in their legal fight to save their property.

In September 2024, the Georgia Public Service Commission unanimously greenlit the railroad’s land grab. And in February 2025, the Fulton County Superior Court upheld that ruling, leading the property owners to appeal to the Georgia Court of Appeals.

Although the Fulton County Court ruled in favor of Sandersville, it did extend a partial stay that prevents the railroad company from entering the property owners’ land or beginning construction on the rail spur while appeals are pending.

In addition to the Georgia case, the Institute for Justice is fighting against eminent domain abuse in North Dakota, New Jersey, and South Carolina.

The organization also litigated the infamous Supreme Court case Kelo v. New London, which expanded eminent domain for the benefit of private companies. In response to the Kelo ruling, 47 states, including Georgia, reformed their eminent domain laws to protect property owners against this abuse.