A judge has ruled that a Georgia railroad can buy land against the will of property owners to build a track, rebuffing a challenge that a libertarian group hoped could make it harder to use eminent domain to take property.
Fulton County Superior Court Judge Craig Schwall Sr. ruled Tuesday that the Sandersville Railroad could condemn a 200-foot (60-meter) wide strip of property running 4.5 miles (7.3 kilometers) to build a rail line serving a rock quarry and other users. Landowners fighting the railroad had appealed a Georgia Public Service Commission ruling allowing the land taking.
Schwall kept a freeze on construction for now, with landowners saying they would appeal to the Georgia Supreme Court.
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