Black Family Continues Fight To Keep Land Despite Court Ruling Railroads Can Take It

The Smith family inherited 600 acres of land in the area from their grandfather in the 1920s.

A primarily-Black family in Sparta, Georgia, continues the fight to keep their land after a judge ruled that a railroad company could take it.

Although Blaine and Diane Smith refuse to sell their land, a Georgia superior court judge ruled on Feb. 4 that Sandersville Railroad could seize 11 acres to develop tracks running through the area. Prior to this ruling, the Smiths have fought against Sandersville’s plans for years.

Sandersville Railroad, a white-owned company, has plans to build a 4.5-mile rail spur through the historically Black town of Sparta. The company initiated eminent domain to proceed with acquiring the land, so long as the original owners are justly compensated. The Smiths, however, refuse to sell.

“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 News. “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.”

In fact, the family inherited 600 acres from their grandfather in the 1920s. Staying within their ownership, the land fed livestock and grew crops, and also housed generations of Smiths.

However, the judge upheld a previous decision by the Georgia Public Service Commission affirming the public necessity of the rail spur. Although it would cut through land where Blaine plants trees, and potentially cause further damage, the tracks would connect industries and open a channel of trade through middle Georgia.

The Smiths refuse to back down for the sale to take place. However, Sandersville’s representative has offered to “re-engage” in discussions about how the spur could benefit the landowners.

“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.”

Despite their proposed efforts, this gesture does not impress the Smiths.

“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.”

Represented by The Institute for Justice, the families hope to appeal the decision with the Georgia Supreme court.