Sandersville Railroad Company v. Robert Donald Garrett, Sr. et al.

Automated case summary

What the court decided

The issue and key facts are that the Sandersville Railroad Company sought to condemn privately owned land for a new rail line, known as the "Hanson Spur," which would require a 200-foot swath across the landowners' properties. The landowners argued that the proposed taking is not an authorized "public use" and that the Public Service Commission (PSC) violated the law in making its findings and conclusions. The holding and result are that the Georgia Court of Appeals affirmed both the PSC's approval of the condemnation and the trial court's stay of further enforcement pending appeal, finding that the Spur amounts to a "public use" under OCGA § 22-1-1 (9) (A) (iii), which includes the opening of roads or channels of trade.