SPARTA, Ga. — On Monday, a state hearing officer approved the Sandersville Railroad's effort to put a rail line near homes on and off Shoals Road in Hancock County.
One family who went to the hearing to testify last November says they are not giving up.
Don Garrett Sr. and his family have more than 200 years of history at their home on Shoals Road. Garrett was born and raised in Hancock County.
He estimates his family owns almost 300 acres of land but the value of his home and others could go down if the state Public Service Commission approves the rail line.
Sandersville Railroad wants to put a four-mile rail line through the backyard of some Hancock County homes. The state hearing officer says the company meets the requirements for eminent domain. Betsy Sanz is an attorney for the Institute for Justice. She says disagrees with the officer's ruling.
"The public the hearing officer decided that because this railroad would be a channel of trade, that it is a public use and we argued that no, there are already channels of trade installed and, present in the area, it is just that the users of this small railroad like the Rock Quarry and a couple of other agricultural companies. They want to be able to bypass the existing channels of trade and get something done cheaper. And for that reason, they should be able to take this land. We say, no, that is not a public use. That is a private use and that is a private benefit that is going to happen," Sanz said.
Garrett worries because his son's home is behind his home and the construction along with the railroad moving would cause issues for his son who is a retired veteran with PTSD.
"There will be a string of cars and engines running back behind our homes I'm afraid," Garrett said.
On the map, Garrett should 13WMAZ, the railroad would go through a predominately Black neighborhood on Clayton which is half a mile from the Sparta Quarry. That's almost where the proposed starting point for where the rail line could be. Garrett says he's hurt by Monday's decision and still doesn't know why the railroad has to go through their backyard.
"Even the guy from the railroad said he's never heard anybody from the railroad asking for 200 feet. That's wide enough to put an interstate on but that's what he wants. Apparently, that's what they're going to try to give him. That's the way it is. It's going to drive a split right through the heart of everybody's property," Garrett said.
Institute for Justice Attorney Bill Mauer sent a statement saying:
"We’re not going to sit back and let Sandersville Railroad take land that has been in our family for generations, just so a rock quarry can ship rock faster, and so a few companies can increase their profits. We’re prepared to keep challenging this for as long as it takes. This property is more than just land to us – it is our heritage."
We did reach out to Sandersville Railroad Company and they sent us a statement saying:
"We are grateful that the hearing officer for the Georgia Public Service Commission understands the importance of preserving the rights of government entities, utilities, and state-chartered railroads to build and maintain infrastructure like the Hanson Spur to facilitate free enterprise and robust trade.
It is critical to Georgia’s future economic health that these entities have clear legal rights to deliver vital economic infrastructure. The Hanson Spur will open new channels of trade for Middle Georgia businesses and is expected to yield over $1.5 million in annual economic benefit, supporting the city and county governments through new jobs and additional property tax revenue with limited impact on its neighbors. The users of the Spur – Heidelberg Materials, Pittman Construction, Veal Farms Transload, Revive Millings, and Southern Chips – and additional future users will further benefit Middle Georgia, providing opportunities for new access to markets for local businesses, farmers, loggers, and timberland owners.
Sandersville Railroad carefully planned the Hanson Spur project to have the least possible impact on local residents and landowners. By implementing a thoughtful schedule, noise-reduction measures, and strategic landscaping, the Hanson Spur will balance the well-being and quality of life of the Shoals Road and Sparta communities while creating jobs and positive economic impact.
As we take steps toward beginning construction in 2024, we encourage the property owners to return to the negotiation table so that we might work together to bring the benefits of the Hanson Spur project to our communities without protracted litigation."
Sanz says viewers need to know that Georgia law has extra protections for private property rights compared to the federal constitution.
"This decision did not really grapple with that reality, and it needs to also. The railroad is not engaging in free trade here they are. They are exercising the power of the government in order to take property that they need to progress their companies and the companies have a couple of other clients," Sanz said.
The families impacted by the rail line plan to appeal the decision to the commission.