ATLANTA – A group of property owners who stand to lose their land to Sandersville Railroad Co. in an eminent domain proceeding filed a lawsuit Tuesday seeking to overturn a decision allowing the taking.
The Georgia Public Service Commission (PSC) voted unanimously early this month to uphold a hearing officer’s recommendation declaring a proposed spur the freight rail line plans to build would be for a legitimate public purpose.
The Institute for Justice (IJ), an organization representing the property owners, argued unsuccessfully that the spur would be used only by a few private companies.
“What Sandersville is proposing is not a public use under the U.S. and Georgia constitutions,” IJ Senior Attorney Bill Maurer said Tuesday. “If a private company can take people’s land for the benefit of just a few private businesses, nobody’s property is safe.”
The case began in March of last year when Sandersville moved to condemn and take land owned by Don and Sally Garrett, which has been in Don Garrett’s family for generations.
In May of last year, the Garretts, Blaine and Diane Smith, and Marvin and Pat Smith teamed up to challenge the condemnation. In July 2023, more property owners joined the suit.
Robert Highsmith, a lawyer representing Sandersville Railroad, argued last month during a hearing before the PSC that eminent domain reform legislation the General Assembly passed in 2006 law states that business conducted by railroads qualifies as a public purpose. Five business owners who plan to use the spur provided testimony to the hearing officer.
The Hanson Spur is expected to generate more than $1.5 million in annual economic benefits for Hancock County and the city of Sparta, Sandersville Railroad wrote in a news release following the Sept. 4 commission vote approving the eminent domain order.
The property owners’ appeal was filed in Fulton County Superior Court.