Georgia PSC rules in favor of railroad in eminent domain case

(The Center Square) — The Georgia Public Service Commission has signed off on a hearing officer's decision that a railroad can use eminent domain to seize land for a new rail spur.

The PSC's 5-0 ruling allows the Sandersville Railroad to start proceedings to condemn 200-foot-wide strips of land for its "Hanson Spur." Despite Wednesday's ruling, the fight appears to be far from finished.

A group representing landowners whose land the railroad is taking said it plans to appeal Wednesday's decision to Fulton County Superior Court.

"Georgia law does not permit a private company to take land through eminent domain unless the land will be put to a public use," Institute for Justice Senior Attorney Bill Maurer said in an announcement. "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. We look forward to making it clear to the court that the PSC made an error in considering Sandersville's landgrab as a public use."

In March 2023, railroad officials moved to condemn land owned by Don and Sally Garrett that had been in Don Garrett's family for generations. In May 2023, the Garretts and other landowners — Blaine and Diane Smith and Marvin and Pat Smith — partnered with IJ to challenge the railroad's condemnation plans.

In July 2023, the railroad moved to condemn additional land, and more property owners joined the suit.

"Today's decision is incredibly disappointing, but we're determined to keep fighting against this attempt to take our ancestral land from us," Blaine Smith said in an announcement. "We want to keep our property whole, so we can pass it down to our children and they can continue to build generational wealth."

The railroad said the spur has several confirmed shippers, including Heidelberg Materials, Pittman Construction, Veal Farms Transload, Revive Millings and Southern Chips. While the railroad said most homes are at least 1,000 feet from the line, it plans to construct 20-foot-tall earthen berms with trees planted on top in areas where the line is closer to homes and install grade crossings on the properties its line crosses.

"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," Ben Tarbutton III, president of Sandersville Railroad said in an announcement. "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.

"It is important for railroads and a variety of other utilities to have certainty when it comes to their ability to provide for our state's and nation's infrastructure," Tarbutton added. "The Hanson Spur will provide new market access for local businesses, farmers, and loggers, and we look forward to working with the community to bring these benefits to Hancock County."

In a railroad release, Sparta Mayor Allen Haywood, the Sparta-Hancock Development Authority's director, called the spur "a generational opportunity for our community."