SPARTA, Ga. — Some Sparta property owners are upset that the Georgia Public Service Commission (PSC) gave the go-ahead to the Sandersville Railroad Company to go line through their land.
Before the vote, PSC Chairman Jason Shaw said this was a lengthy case.
"This has been a long, difficult case. I want to thank all the parties. Especially, thank our staff for all the diligence, the hard work, and all the parties for the professionalism and decorum shown on this case," Shaw said.
The rail line being constructed would be 1,000 feet away from people's homes. Brian Broderick with the railroad company says it "will not require any homes to be demolished, and 20-foot-tall earthen beams will be installed where the line is closest to other homes."
Don Garrett lives less than a mile from where the Heidelburg Quarry is, which is the same location where the land expansion would begin. His family has lived on their property for almost 200 years. He says where the line is on their property is too close and no amount of money will make him give up his family property.
Attorney Betsy Sanz with the Institute for Justice says the railroad should have the power to take people's property.
"They all have a concern about setting a precedent in Georgia saying that a railroad can not just come along and take people's property a railroad has to show that the taking will be used to benefit the public," Sanz said.
Sanz says the next step is to appeal the decision, which will then go to the Fulton County Superior Court. Garrett says he agrees with the decision to appeal.
"They are willing to take this all the way to the United States Supreme Court because this is a big deal," Garrett said.
13WMAZ reached out to Sandersville Railroad Company. Ben Tarbutton III, the president of the railroad company says:
"We are hopeful that the residents will come back to us and deal with us in good faith as they were before the Institute for Justice became involved. Regardless, if there is an appeal, we will see it through," Tarbutton III said.
Sanz says she is not pleased with the vote.
"They can not come in and say 'my use is more important than your use' without showing more and that is exactly what happened here the railroad showed up and said 'I am a railroad I am entitled to your property whether you like it or not'," Sanz said.
Garrett says this isn't just about his property.
"It was like 30 homes that is gonna be coming, you know, right adjacent to, or close to them. And as far as the people from where the quarry starts over there, all the way to the highway 16, these are family farms," Garrett said.
Sanz says they have 30 days to appeal the vote to the Fulton County Superior Court.