The Fulton County Superior Court has upheld a decision by the Georgia Public Service Commission (PSC) allowing for the Sandersville Railroad Company to acquire land through eminent domain to construct a new spur in Hancock County.
Judge Craig Schwall ruled that the project is a necessary accommodation for Sandersville Railroad to connect local industries to key rail lines. The ruling aims to ease access for farmers and loggers, and additional businesses, as well as reducing truck traffic along Highway 15. The case had originally begun back in the spring of 2023 when Sandersville Railroad asked the PSC to allow for the eminent domain taking. About a year and a half later in September of 2024, the PSC voted unanimously to allow for the acquisition.
“We are pleased with Judge Craig Schwall’s ruling and his determination that the Hanson Spur serves a public use for Middle Georgia,” said Sandersville Railroad President Ben J. Tarbutton, III. “We understand some of the property owned by the Smith family is special to them given their heritage, and we regret that they may have felt that our initial offers, based on independent appraisals, were not adequate. We would welcome the opportunity to re-engage in meaningful conversations about how both the landowners and Hancock County can benefit from the Hanson Spur.”
All the property owners impacted by the ruling will be full compensated for the acquired land. According to Sandersville Railroad, the land in question are narrow strips of property through pasture and timberland, comprising only 2 to 7 percent of the property owners’ land and no homes will be impacted.
A number of property owners continue to oppose the ruling, represented by the Institute for Justice (IJ). For several of the property owners, the land has been in their families for generations. The IJ is a firm that specializes in representing clients free of charge in constitutional rights cases. The next step is an appeal to the Supreme Court of Georgia. In the meantime, construction is halted pending the appeals process conclusion.
“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.
