Eminent domain case involving Georgia railroad could have widespread property law implications

Benjamin Tarbutton III, the president of the Sandersville Railroad, testifies on Monday, Nov. 27, 2023, during a Public Service Commission hearing in Atlanta. The railroad is seeking permission to condemn property to build a 4.5-mile railroad line near Sparta, Ga., over opposition from property owners (AP Photo/Jeff Amy)

A hearing began Monday in an eminent domain battle that involves one of rural Georgia’s poorest areas but could have implications for property law across the state and nation.

At stake is determining whether a railroad can legally condemn property to build a rail line 4.5 miles (7.3 kilometers) long that would serve a rock quarry and possibly other industries.

A hearing officer will take up to three days of testimony before making a recommendation to the Georgia Public Service Commission’s five elected members, who will ultimately decide.