Blaine and Diane Smith were hurt but unsurprised when a Georgia superior court judge ruled last week that a railroad company could seize their land, despite their refusal to sell.
For nearly two years, they have been fighting to stop Sandersville Railroad Co., a 130-year-old, white-owned business, from building a 4.5-mile rail spur through a historically Black neighborhood in rural Sparta. The company initiated eminent domain, which is a process that allows the government to seize private property for public use. However, property owners must receive just compensation.
The proposed spur would cut through parts of the property Blaine and his siblings inherited, which includes 600 acres acquired by his grandfather in the 1920s. Growing up, he farmed, fished, and hunted on the land. His family cultivated cotton, fruits, vegetables, and timber, and raised pigs, chickens, and cows. Not only has it been used to feed generations, but to pay for some family members’ education as well.
Currently, his brother Mark Smith and his wife, Janet Paige Smith, live on the land. Sandersville Railroad wants 11 acres from Blaine and Diane’s three parcels. The company also wants about 6 acres from his cousin Marvin Smith Jr. and his wife Patricia Smith, and about 2 acres from his nephew Ahmad Lee, according to filings with the Georgia Public Service Commission. With a railroad just a few hundred feet away from their home, it would disrupt their peace and run through the middle of the land where Blaine plants trees. He’s also worried about the potential damage to the property from hazardous products that he thinks will be transported on the tracks and people trespassing. Sandersville Railroad rebutted the statement, claiming no hazardous products will be shipped on the line.
“We’ve had to fight to keep this land. It’s always somebody coming in trying to bamboozle you out of it,” Blaine told Capital B. “There’s people trying to come hunt on it and trespass on it. It’s gonna be easier for them to do that if we put a railroad through the middle of it. … You asked me, “What things bother me about it?” I mean, everything bothers me about it.”
Despite those concerns, Fulton County Superior Court Judge Craig L. Schwall Sr., in a ruling on Feb. 4, upheld a previous decision by the Georgia Public Service Commission that the rail spur is necessary for Sandersville Railroad to connect industries, and that it serves a public purpose because it opens a channel of trade through east middle Georgia.
In a statement, a spokesperson for Sandersville Railroad said the company is pleased with the superior court judge’s decision, and said the spur is critical infrastructure that will open channels of trade for local businesses, reduce truck traffic, and serve the public with minimal impacts. They also said they’re committed to working with the community throughout the process.
“We understand some of the property owned by the Smith family is special to them given their heritage, and we regret that they may have felt that our initial offers, based on independent appraisals, were not adequate,” said Benjamin Tarbutton III, president of Sandersville Railroad. “We would welcome the opportunity to re-engage in meaningful conversations about how both the landowners and Hancock County can benefit from the Hanson Spur.”
However, the landowners, which consist of Black and white families, say they won’t be discouraged from the ruling. The Institute for Justice, which represents them, is appealing the decision to the Georgia Supreme Court.
“We’re going to fight till we can’t fight anymore,” Diane said. “I don’t want to leave any stone unturned. My grandmother used to say, ‘no stone unturned’, so you keep unturning and unturning.”
Read More: Why This Rural Community Is at War With a 130-Year Railroad Company
In 2023, Tarbutton made plans to construct the rail spur that would connect the Hanson Quarry, a rock mine owned by Heidelberg Materials, to a main train line along the nearby highway. But, the company needed portions of property from 18 owners along Shoals Road to make it happen. A spokesperson added that “the request is for narrow strips of land that are between 2 and 7 percent of the property owned by the various owners. A majority of the 18 landowners already have agreements” with Sandersville Railroad, the spokesman said.
He touted the project would create 20 temporary construction jobs, a dozen permanent jobs averaging $90,000 a year in salary and benefits, and bring in over $1.5 million annually to Hancock County, where the median household income is nearly $34,000, Tarbutton said in an email. And if the proposal moves forward, local officials hope this could attract future businesses and improve economic growth.
However, Black landowners have consistently expressed concerns that the railroad could damage their homes, cause noise pollution, and result in the loss of land that has been passed down through generations. Tarbutton moved forward and petitioned the state’s public service commission to condemn the land from the property owners using eminent domain.
The company contends they will build additional berms on both sides of the track to reduce any noise from the train and the quarry. They also said the train will only run once a day at less than 20 miles per hour to reduce traffic. Residents told Capital B they remain skeptical of such claims.
Last fall, the public service commission unanimously approved the proposed rail spur during an 11-minute meeting, falling in line with a hearing officer decision in April. The Institute for Justice appealed the decision, arguing the rail line does not constitute a “legitimate public use.”
Read More: Rural Georgia Community Keeps Fighting Despite Railroad’s Win to Take Their Land
Schwall, the superior court judge, concurred with the commission’s order last week, but halted construction while appeals proceeded.
Bill Maurer, senior attorney for the Institute for Justice, said he’s committed to proving the railroad’s desire to build a 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.”
“We look forward to the Georgia Supreme Court’s review, and we are thankful that our clients will not have to deal with Sandersville building tracks on our clients’ property until the higher court weighs in,” he said.
Diane Smith said she’s hopeful the law will prevail.
“Is it against the law to protect what you have?” she questioned. “We want to build generational wealth for our children, but not off the backs of someone else.”
For Blaine, the court’s decision “galvanized us to fight harder,” despite people demonizing them for protecting their property.
“Every time you hear an eminent domain case … it’s them against us, and we’re the bad guys, because we try to hold on to what we have. … Leave us alone,” he said. “Let’s make this clear: They are looking to get our land to make money for them. If we win and they don’t … there’s no compensation for us. There’s nothing in it for us, other than our peace of mind, and that’s what we want.”
Correction: An earlier version of the story misidentified the proximity of Smith’s home to the railroad.
This story has been updated.
