Georgia Public Service Commission Greenlights Railroad’s Landgrab; Property Owners Will Appeal in Court

ATLANTA—Today, the full Georgia Public Service Commission (PSC) adopted the recommendation of a hearing officer allowing Sandersville Railroad Company to use the state’s eminent domain power to take land from several property owners in Sparta to build a private rail spur. The property owners, represented by the Institute for Justice (IJ), will appeal this decision in 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,” said IJ Senior Attorney Bill Maurer. “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.” 

The case began in March 2023, when Sandersville moved to condemn and take land owned by Don and Sally Garrett, which has been in Don’s family for generations. In May 2023, the Garretts, Blaine and Diane Smith, and Marvin and Pat Smith teamed up with IJ to challenge this condemnation. In July 2023, more property owners joined the suit, after which Sandersville moved to condemn even more land for its proposed rail spur. The spur has been called “unfeasible” and a “naked wealth transfer” by experts.   

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

Landowners will be appealing today’s decision to the Fulton County Superior Court.