A project called Hanson Spur in Hancock County, perhaps Georgia’s most economically depressed county, is in the spotlight today during a Georgia Court of Appeals hearing. Sandersville Railroad (SRR) will be in the courtroom due to an appeal of a ruling by Fulton County Superior Court Judge Craig Schwall. Appellants –- represented by an out-of-state non-profit activist group– argue that SRR doesn’t have the right to utilize eminent domain to secure property necessary for commerce and to open new channels of trade in Middle Georgia.
Schwall ruled that Hanson Spur meets Georgia’s public-use standard for eminent domain, since it is a necessary railroad accommodation that advances a public purpose by connecting area businesses to the national rail network. It is a rationale that follows the same constitutional framework long used to authorize infrastructure such as roads, bridges, utilities and rail corridors.
The case centers on whether a rail spur serving multiple industrial and regional customers qualifies as public infrastructure under Georgia law. In this context, the Georgia Public Service Commission hearing officer approved the petition to grant the use of eminent domain to SRR for the project. The full PSC then affirmed that decision last September and in February Schwall upheld the PSC’s determination that the Hanson Spur satisfies the public-use requirement.
With regard to community impact, it’s significant that Hanson Spur involves narrow strips of land, estimated at roughly 2 to 7 percent of affected parcels of land. Most of the route crosses pasture or timberland and no homes are slated for condemnation. Planned mitigation includes sound-reducing berms, landscaping buffers, scheduling considerations and route design intended to minimize visual and noise impacts.
With regard to giving the area an economic boost, the Hanson Spur would connect local shippers to markets best or exclusively served by the CSX rail network— thus broadening trade opportunities beyond Middle Georgia.
All land acquired through eminent domain would be compensated at fair market value. But the out-of-state group, the Institute for Justice, is supporting today’s appeal—part of a national effort by it to narrow eminent domain authority.
The Institute is also playing the race card by raising questions about historic land ownership and racial equity. SRR maintains that route decisions were made based on topography and environmental factors and race was not considered. Additionally, the SRR says the current alignment affects more white property owners than black property owners.
It will be awhile before this legal process ends. But the railroad company is confident that the Schwall ruling will ultimately be upheld.
