ATLANTA—Today, a group of property owners filed an appeal with the Fulton County Superior Court, asking a judge to overturn an order by the Georgia Public Service Commission (PSC), which greenlit a private railroad’s plan to take chunks of their land for a new rail line that will only be used by a few private companies. The property owners, represented by the Institute for Justice (IJ), are asking the court to rule that Sandersville Railroad’s land grab in rural Sparta, Georgia, does not constitute a “legitimate public use.” 

“We’re optimistic that the Fulton County Superior Court will look at the facts in this case and quickly come to the conclusion that what Sandersville is proposing is not a public use under the U.S. and Georgia Constitutions, and that Sandersville cannot legally take this land through eminent domain,” said IJ Senior Attorney Bill Maurer. “If a private company can take people’s land for the benefit of just a few private businesses, then nobody’s property is safe.” 

The case began in March 2023, when Sandersville asked the PSC to give it permission to condemn and take land owned by Don and Sally Garrett, land that 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. In April, a PSC hearing officer ruled the land grab was a legitimate public use and in September, the full PSC voted unanimously to accept that ruling. 

On the night of Friday, Sept. 13, one day after the PSC issued its order, Sandersville sent the property owners letters informing them that they had 10 days to accept the railroad’s contracts to sell their property to the railroad or it would begin moving forward with condemnation. 

“This whole time, Sandersville has refused to take ‘no’ for an answer. We don’t want to sell them our family’s land, and we certainly don’t plan to let them take it through eminent domain,” said Diane Smith, one of the property owners. “We’re going to keep fighting to protect what is rightly ours, so we can pass it down to kids and our grandkids.”