Eminent domain case involving Georgia railroad could have widespread property law implications
A hearing has begun to help determine whether a Georgia railroad can legally condemn property to build a rail line
ATLANTA — A hearing began Monday in an eminent domain battle that involves one of rural Georgia's poorest areas but could have implications for property law across the state and nation.
At stake is determining whether a railroad can legally condemn property to build a rail line 4.5 miles (7.3 kilometers) long that would serve a rock quarry and possibly other industries.
A hearing officer will take up to three days of testimony before making a recommendation to the Georgia Public Service Commission's five elected members, who will ultimately decide.
The line would be built by the Sandersville Railroad, which is owned by an influential Georgia family. It would connect to the CSX railroad at Sparta, allowing products to be shipped widely. Sparta is about 85 miles (135 kilometers) southeast of Atlanta.
People in the rural neighborhood don't want a train track passing through or near their property, in part because they think it would enable expansion at a quarry owned by Heidelberg Materials, a publicly traded German firm.
Some residents already dislike the quarry because it generates noise, dust and truck traffic. Supporters say if the railroad is built, the quarry will move its operation farther from houses, trains will reduce trucks on roads and the railroad will build berms to shield residents.
But owners say losing a 200-foot (60-meter) wide strip of property to the railroad would spoil land they treasure for its peace and quiet, hunting, fishing and family heritage.
“Sandersville Railroad does not care about the destruction of my family’s property or our way of life," Donald Garret Sr., one of the
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