ATLANTA—On Monday, a group of property owners in rural Sparta, Georgia filed a petition asking the Georgia Supreme Court to hear their case challenging a private railroad’s attempt to take their land using the state’s eminent domain power. The property owners, represented by the Institute for Justice (IJ), argue that building a closed rail line for purely private customers is not a public use and thus Sandersville Railroad Company cannot exercise the state’s eminent domain power.

“Under the Georgia Constitution eminent domain can only be used for true public uses, and building a rail line for the benefit of just a few companies is certainly not a public use, particularly when the wider public does not have the power to demand service on that railroad,” said IJ Attorney Mike Greenberg. “The Georgia Supreme Court has the chance to make it clear that Georgia’s eminent domain laws protect all property owners against the use of eminent domain for purely private gain.”

The case started in March 2023, when Sandersville Railroad asked the Georgia Public Service Commission (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, additional property owners teamed up with IJ to challenge the condemnation.

In September 2024, the PSC unanimously voted to approve Sandersville’s land grab. In February 2025, the Fulton County Superior Court upheld the PSC’s decision in favor of Sandersville but also issued a stay preventing Sandersville from beginning construction on the land until the lawsuit had concluded. Then, earlier this year, the Georgia Court of Appeals upheld the lower court decision but kept the stay in place.

“We hope the Georgia Supreme Court hears our case, because if this type of thing can happen to my family and my neighbors, it can happen to anyone in Georgia,” said Blaine Smith. “Nobody should have to worry about the government taking their land and giving it to a private company.”

IJ is the nation’s leading defender of people against eminent domain abuse. The organization recently saved two New Jersey property owners from bogus eminent domain proceedings and is currently asking the U.S. Supreme Court to hear the case of North Dakota ranchers seeking just compensation after the state gave a natural gas company eminent domain power. IJ also argued the now infamous U.S. Supreme Court case Kelo v. City of New London, which held that the nebulous term “economic development” counted as a “public use” for eminent domain purposes, sparking backlash and reforms throughout the country.