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Georgia Public Service Commission to consider eminent domain case between Black landowners and Sandersville Railroad • Georgia Recorder


State regulators are poised to make a decision on whether a Georgia short line railroad, backed by a well-connected family, can use eminent domain to acquire land from property owners in a poor county. The Georgia Public Service Commission will vote on allowing the Sandersville Railroad Co. to condemn 18 parcels to build a rail line extension in Hancock County. The extension would connect local manufacturers to shipping routes for their goods, benefiting the state’s economy. This debate has sparked a clash between property rights and public benefit considerations.

The railroad, run by Ben J. Tarbutton III, is seeking to construct the Hanson Spur rail line to enhance transportation capabilities for local businesses. However, property owners, supported by groups like the Institute for Justice and the Southern Poverty Law Center, argue that the project does not serve a clear public purpose or consider the environmental and social impacts of land acquisition.

The Sandersville Railroad Co. asserts that the expansion will be an economic catalyst, creating jobs and facilitating trade growth. The proposal has faced opposition from a community coalition in Sparta, with residents feeling a deep connection to their inherited properties. Legal representatives from both sides have presented arguments at PSC hearings, with potential for further legal action depending on the outcome.

With stakes high for both the property owners and the railroad company, the decision will not only impact the immediate families involved but also set a precedent for eminent domain law in Georgia. The debate underscores the complex balance between private property rights and the public interest in infrastructure development.

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