A potentially precedent-setting legal battle aims to decide whether a railroad can use eminent domain in one of Georgia’s poorest counties to build a rail spur to serve private businesses.
The case centers on Sandersville Railroad’s plan to condemn portions of several parcels to build 4.5 miles of new tracks near the town of Sparta, about 100 miles east of downtown Atlanta. The Georgia Public Service Commission approved the plan last year, prompting the property owners in the railroad’s path and several nearby residents to appeal to Fulton County Superior Court.
The case represents one of the most significant tests of Georgia’s eminent domain laws in years and could set precedent for use of the controversial power. The case pits a politically connected Georgia railroad against mostly Black property owners, some whose families have ties to their land dating to slavery.
Fulton Superior Court Judge Craig Schwall said multiple times Tuesday during more than two hours of testimony that he’s “very sympathetic to the landowners.” But he indicated those sympathies might not hold up legally.
“If I ruled from what I thought was morally right, I would absolutely rule in your favor,” the judge told the landowners’ attorney. “But that’s not what I base my decision on.”