GUEST EDITORIAL: Railroad proposal highlights Georgia’s eminent domain weaknesses
Published 1:39 pm Thursday, November 30, 2023
One of Georgia’s former and most outspoken state senators might have been right after all. Time will tell how accurate former state Sen. Jeff Chapman, R-Brunswick, was in his claim that legislation adopted by the state early in the new century regarding Georgia’s eminent domain laws failed to go far enough in protecting private ownership of property.
Chapman, of course, is the Glynn County Tax Commissioner today, but before he left the senate for an unsuccessful run for governor, he warned that the state’s revamped eminent domain law lacked strength. At the time, Chapman and others in the General Assembly were reacting to a wrestling match occurring in New London, Connecticut, over the condemnation of private land for what eventually will be a national museum for the U.S. Coast Guard on prime waterfront.
Today, it mimics a battle being waged in the Georgia upstate that pits private property owners against the Sandersville Railroad, a company that proposes to build a 4.5-mile spur that will connect a rock quarry to a CSX line. Landowners say they do not want a 200-foot wide swath cut through their property for a noisy train. Few can blame these rural property owners for desiring the peace and quiet that can be often found outside municipal areas.
The Sandersville Railroad says other industries in the area would likely use the rail service. There is also something to be said about limiting heavy truck traffic on the back roads and highways.
Still, it would be a matter of the government taking land for the benefit of a rock quarry that is owned and operated by a foreign company.
A hearing officer began taking testimony on Monday. He will eventually make a recommendation to the five-member Georgia Public Service Commission for consideration and a decision.
People should not be forced to give up or sell what they do not want to give up or sell. They also should not be forced to part with property for what the government considers a “fair” price, which they will have to do if condemned through the strong-arm legal powers of eminent domain.