Georgia property owners battle railroad company in ongoing eminent domain case
A railroad company wants to use eminent domain to condemn property in one of Georgia's poorest areas
ATLANTA — A hearing on Tuesday raised questions about a railroad company’s use of eminent domain in one of Georgia’s poorest areas.
After three days of hearings in November, an officer for the Georgia Public Service Commission granted Sandersville Railroad Co.'s request to legally condemn nine properties in Sparta, Georgia. The commission’s decision to adopt or reject the officer’s recommendation could affect property law nationwide.
Sandersville, which is owned by a prominent Georgia family, wants to build a line 4.5 miles (7.25 kilometers) long called the Hanson Spur that would connect to the CSX railroad rail line at Sparta, 85 miles (135 kilometers) southeast of Atlanta.
The hearing led Sparta property owners to make the drive north. Some of them might have their land condemned, and others were neighbors who don’t want a railroad near their backyards.
Lawyers representing the property owners and the No Railroad in Our Community Coalition, which formed to stop the railroad’s construction, say that Sandersville has not met the requirements of Georgia’s eminent domain law.
The law requires the company to show that the railroad will serve a public use and needs the line for business. Although Sandersville brought five potential customers to the hearing, they have not shown signed contracts with the customers or the CSX railroad, lawyers representing property owners said. A spokesperson for Sandersville said the owner has reached “agreements” with potential customers.
Institute for Justice Senior Attorney Bill Maurer, who represents property owners, said that Sandersville is motivated by profit. He pointed to earlier
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