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Legal dispute between Georgia landowners and railroad company over property rights continues

A recent hearing highlighted concerns regarding a railroad company’s use of eminent domain in a disadvantaged area of Georgia. The Georgia Public Service Commission previously granted Sandersville Railroad Co.’s request to condemn nine properties in Sparta to construct a 4.5-mile rail line called the Hanson Spur, aiming to connect with the CSX railroad line in Sparta, located 85 miles southeast of Atlanta.

The hearing prompted Sparta property owners, some facing possible land condemnation and others opposing a railroad near their properties, to voice their objections. Critics, including lawyers for property owners and the No Railroad in Our Community Coalition, argue that Sandersville has not met Georgia’s eminent domain law requirements. They claim the company has not proven the public use and business necessity of the railroad, despite bringing potential customers to the hearing without signed contracts.

Institute for Justice Senior Attorney Bill Maurer, representing property owners, accused Sandersville of prioritizing profit over public interest. Maurer emphasized the company’s lack of transparency on essential matters such as costs and projected loads, citing the absence of a contested report challenging the project’s economic viability.

Sandersville’s attorney, Robert Highsmith, argued that state law does not mandate the detailed analysis requested by Maurer, underscoring the company’s obligation to demonstrate the line’s business and public service necessity. The railroad asserts that the Hanson Spur is crucial for enabling efficient transportation and connecting markets better served by the CSX railroad.

Local residents in Sparta also express concerns about potential noise and dust impacts from a nearby quarry, owned by a German firm, potentially expanding due to the railroad project. Homeowners like Kenneth Clayton worry about property damage caused by the quarry’s activities and the railroad’s implications for their land and community.

Among those affected are Blaine and Diane Smith, who aim to protect their family land in Sparta, spanning several generations, from being disrupted by the railroad. The Smiths emphasize their connection to the land, their farming heritage, and the desire to preserve it for future generations of Black farmers, highlighting the cultural significance and personal attachment to their property.

Sandersville Railroad Co. maintains that it has endeavored to negotiate agreements with affected landowners, including the Smiths, to address their concerns and make adjustments to the railroad project accordingly. Despite the legal requirement to compensate landowners fairly through eminent domain, the Smiths emphasize that their primary concern is preserving their land and way of life, underscoring the emotional and cultural importance of their property over financial considerations.

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