Judge Upholds PSC Ruling in Eminent Domain Case, But Stays Construction of Speculative Private Railroad Pending Appeal

ATLANTA —On Tuesday, Fulton County Superior Court Judge Craig Schwall upheld a ruling by the Georgia Public Service Commission (PSC) granting a private railroad company the state’s eminent domain power to take land from several property owners in Sparta. However, Judge Schwall, “with the belief that this Order will like be appealed given the great impact upon [the property owners] and their homesteads” also extended a partial stay that  prevents Sandersville Railroad Company from “engaging in any construction activity on or otherwise entering onto property owned by the property owner Petitioners” while appeals proceed.  

The property owners, represented by the Institute for Justice (IJ), will appeal this ruling directly to the Supreme Court of Georgia. 

“While today’s ruling is disappointing, we remain committed to proving to the courts that a private railroad’s desire to build a speculative new line entirely for the benefit of a handful of private companies is not a public use under the U.S. and Georgia constitutions and Georgia’s eminent domain laws. We look forward to the Georgia Supreme Court’s review and we are thankful that our clients will not have to deal with Sandersville building tracks on our clients’ property until the higher court weighs in,” said IJ Senior Attorney Bill Maurer. 

The case started in March 2023, when Sandersville asked the PSC for permission 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 the condemnation. Sandersville moved to condemn even more land after additional property owners joined in July 2023. 

In September 2024, the PSC unanimously voted to approve Sandersville’s landgrab. But in January 2025, Judge Schwall issued a stay to prevent Sandersville from building on the land until he issued his opinion. Now, that stay will remain in place through the appeals process. 

“Every day that Sandersville isn’t coming onto our land and starting to build is a good day,” said Diane Smith. “But we won’t rest easy until we know for sure that they’ll never be able to take our land from us.”