ATLANTA, Georgia: A Fulton County judge has ruled in favor of Sandersville Railroad, allowing the company to seize private land through eminent domain for a new rail line, despite opposition from property owners.

The ruling, issued by Judge Craig Schwall Sr., upholds a Georgia Public Service Commission decision permitting the condemnation of a 200-foot-wide, 4.5-mile-long strip of land.

The landowners, who appealed the state commission's approval, vowed to continue their fight and plan to take the case to the Georgia Supreme Court. Schwall's ruling maintains a temporary freeze on construction, giving opponents more time to challenge the decision.

The Sandersville Railroad, owned by a prominent Georgia family, plans to connect a rock quarry in Hancock County to the CSX railroad in Sparta, allowing a broader distribution of materials. Sparta, a predominantly Black rural town 85 miles southeast of Atlanta, is among Georgia's poorest areas.

While the railroad has secured agreements for some of the 18 parcels needed, other landowners refuse to sell, arguing the project infringes on family-owned properties passed down for generations.

"Every day that Sandersville isn't coming onto our land and starting to build is a good day," said Diane Smith, a landowner opposing the project. "But we won't rest easy until we know for sure that they'll never be able to take our land from us."

The railroad has urged opponents to reconsider.

"We encourage landowners to return to the negotiating table," said railroad attorney Brian Brodrick. "This project will bring new economic opportunities to Hancock County while having minimal impact on neighbors."

Opponents argue the project primarily benefits Heidelberg Materials, a German-owned company operating the quarry, which has faced complaints about noise, dust, and traffic congestion. They claim the rail expansion serves private business interests rather than the public good, a key legal standard for eminent domain cases.

However, the Sandersville Railroad insists other companies—including a paving materials firm—will also use the rail line. Several businesses have expressed interest in trucking products to load onto the new track, leveraging CSX's national network.

Judge Schwall ruled that the project meets Georgia's "public use" standard, stating the railroad will "provide a channel of trade in east middle Georgia."

The Institute for Justice, representing landowners, had hoped to use this case to challenge eminent domain laws. The libertarian-leaning group previously lost a landmark 2005 Supreme Court case (Kelo v. New London), which allowed governments to seize private land for economic development.

"We remain committed to proving to the courts that a private railroad's desire to build a speculative new line entirely for the benefit of a handful of private companies is not a public use under the U.S. and Georgia constitutions and Georgia's eminent domain laws," said Institute for Justice attorney Bill Maurer.