Georgia PSC weighing railroad's land condemnation request

(The Center Square) — The Georgia Public Service Commission could soon decide whether a railroad can seize private land for a proposed 4.5-mile-long spur after hearing oral arguments in the case on Tuesday.

The Sandersville Railroad, a Class III short-line railroad, initially petitioned the PSC in March 2023 to condemn land for the spur and subsequently moved to condemn additional land. The railroad's existing tracks are about 25 miles from Sparta, and the spur would connect a rock quarry southeast of the city with a CSX Transportation rail line but not existing Sandersville Railroad tracks.

A PSC hearing officer previously ruled the railroad can take private land from several Sparta property owners, saying its proposed Hanson Spur "serves a legitimate public purpose." Property owners objected, paving the way for Tuesday's oral arguments.

Commissioners are expected to discuss the request during an upcoming committee meeting. A final decision will be rendered during the subsequent administrative session, but there is no definitive timeframe for a ruling.

Regardless of how the PSC rules, its decision will likely be appealed to Fulton County Superior Court and beyond, possibly even to the U.S. Supreme Court.

"I believe that if the commission reads the facts in this case in a way that's consistent with the U.S. and Georgia constitutions and the Georgia statutes, then they'll find in our favor," Bill Maurer, senior attorney with the Institute for Justice, which represents some affected property owners, told The Center Square.

"Ultimately, this is a condemnation for one reason, and one reason only: To make a railroad and its five connected customers wealthy," Maurer added. "Basically, they want my clients' property so they can save on shipping costs, and in the state of Georgia, that cannot be done. They can't use eminent domain to take private property from one person to transfer it to another person so that person can make money."

After the U.S. Supreme Court's 2005 decision in an eminent domain case in Connecticut, Maurer said Georgia lawmakers amended state law to stipulate that economic development is not a public use. However, the railroad argued the spur would help "facilitate free enterprise and robust trade."

"It is critical to Georgia's future economic health that these entities have clear legal rights to deliver vital economic infrastructure," Sandersville Railroad Company President Ben Tarbutton said in a statement.

"The Hanson Spur will open new channels of trade for Middle Georgia businesses and is expected to yield over $1.5 million in annual economic benefit, supporting the city and county governments through new jobs and additional property tax revenue," Tarbutton added. "The users of the Spur – Heidelberg Materials, Pittman Construction, Veal Farms Transload, Revive Millings and Southern Chips – will further benefit Middle Georgia, providing opportunities for new access to markets for local businesses, farmers, loggers, and timberland owners."