ATLANTA – The Georgia Public Service Commission (PSC) voted Wednesday to let Sandersville Railroad Co. condemn 43 acres of privately owned land in Sparta through eminent domain.
The unanimous vote upheld a recommendation from a hearing officer last spring to make way for a spur the freight rail line plans to use to ship locally mined granite, farm products and timber along a CSX line to markets.
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.
The Institute for Justice, a nonprofit public interest law firm, vowed to appeal Wednesday’s decision to Fulton County Superior Court on behalf of the property owners.
“Georgia law does not permit a private company to take land through eminent domain unless the land will be put to public use,” said Bill Maurer, a senior attorney for the institute. “Building a rail spur that will only be used by a few private companies, and not the public at large, is not a public use.”
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 Sparta and Hancock County, Sandersville Railroad wrote in a news release following Wednesday’s vote.
“Although we do not take the use of eminent domain lightly, without it we would not have roads,
airports, electrical lines, gas lines, or a host of other infrastructure that allows our communities
to thrive,” said Ben Tarbutton III, president of Sandersville Railroad.
“We are grateful for the PSC’s decision, which not only supports the Hanson Spur project but also upholds the vital role of railroads in Georgia’s economic future.”