A Georgia judge ruled that Sandersville Railroad can use eminent domain to acquire land for a new track despite objections from property owners, a decision libertarian advocates hoped could limit the controversial practice. Fulton County Superior Court Judge Craig Schwall Sr. upheld the railroad’s right to condemn a 200-foot-wide strip of land spanning 4.5 miles to connect a rock quarry to the CSX rail line in Sparta. However, Schwall kept a freeze on construction while opponents plan to appeal to the Georgia Supreme Court.
The Sandersville Railroad, owned by a prominent Georgia family, aims to link the quarry with broader markets, arguing that the new track would benefit local businesses and reduce road traffic by shifting shipments to rail. Brian Brodrick, the railroad’s lawyer, encouraged landowners to negotiate. “We can bring new opportunities and channels of trade to all the citizens of Hancock County and the region,” Brodrick said, claiming the project would have “minimal impacts” on neighbors.
Opponents argue otherwise. Sparta, a predominantly Black rural town southeast of Atlanta, stands to lose family-owned land held for generations. Diane Smith, a landowner, remains defiant. “Every day that Sandersville isn’t coming onto our land and starting to build is a good day,” she said. “But we won’t rest easy until we know for sure that they’ll never be able to take our land from us.”
Critics also believe the project primarily benefits Heidelberg Materials, a German-owned quarry nearby. Residents complain about noise, dust, and truck traffic from the quarry, fearing the rail expansion will worsen these issues. Supporters counter that the railroad will reduce truck traffic and move quarry operations farther from homes.
Railroads have long had the authority to use eminent domain for projects deemed “public use.” Judge Schwall ruled the Sandersville project met that requirement, calling it essential for “the functioning” of the railroad and a “public purpose” by creating a trade channel in middle Georgia. The Institute for Justice, representing the landowners, criticized the decision. “A speculative new line entirely for the benefit of a handful of private companies is not a public use,” said attorney Bill Maurer, vowing to fight on.
Link: AP News
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