ATLANTA – A Fulton County Superior Court judge has upheld a ruling by the Georgia Public Service Commission (PSC) granting Sandersville Railroad Co. the right to take land from several property owners for a planned rail spur.

However, Judge Craig Schwall also issued a partial stay preventing the company from invoking the power of eminent domain to start the project pending an expected appeal of this week’s ruling to the Georgia Supreme Court.

The case began in March 2023 when Sandersville moved to condemn and take land owned by Don and Sally Garrett, which has been in Don Garrett’s family for generations.  Two months later, the Garretts, Blaine and Diane Smith, and Marvin and Pat Smith teamed up to challenge the condemnation. In July 2023, more property owners joined the suit.

The PSC sided with the company, voting unanimously last September that the company’s plans for the 4.5-mile Hanson Spur connecting raw material producers to a CSX rail line constitute a legitimate public use under the state’s eminent domain laws.

“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,” said Bill Maurer, senior attorney with the Institute for Justice, which represents the property owners.

“We look forward to the Georgia Supreme Court’s review, and we are thankful our clients will not have to deal with Sandersville building tracks on our clients’ property until the higher court weighs in.”

The company issued a statement praising Schwall’s ruling and defending the project.

“The Hanson Spur is a critical infrastructure project that will open new channels of trade for local businesses, reduce truck traffic, and serve the public with minimal impacts on our neighbors,” the company wrote.

Sandersville Railroad Co. asserted that the Hanson Spur is expected to generate more than $1.5 million in annual economic benefits for Hancock County and the city of Sparta.