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Descendant Of Enslaver Uses Eminent Domain On Black Farm

February 21, 2026
in Black Media
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by Jeroslyn JoVonn

February 20, 2026

Households alongside the proposed rail route say the transfer displays a protracted historical past of land extraction on this a part of Georgia.

A railroad firm led by a descendant of an enslaver is utilizing eminent area to take land from considered one of Georgia’s largest Black-owned farms.

In 2024, the Georgia Public Service Fee granted Sandersville Railroad Firm eminent area authority to amass personal land for a rail challenge the corporate claims will transport gravel from a close-by quarry, Capital B Information reviews. The corporate traces its possession to a descendant of Andrew Benjamin Tarbutton, who introduced enslaved individuals to central Georgia within the 1800s to construct his wealth.

Now, 4 generations later, the railroad is looking for to take land from native farmers, together with descendants of enslaved individuals, close to the identical space the place that legacy started. Households alongside the proposed rail route say the transfer displays a protracted historical past of land extraction on this a part of Georgia.

One of many focused properties is a big, steady tract owned for greater than a century by the Smith household, descendants of enslaved individuals who as soon as labored the identical land.

“This occurs to be Black Historical past Month, and we had been taking a look at our tradition and our heritage and the way his grandparents and nice grandparents obtained this land,” mentioned Diane Smith, a member of the Smith household.

“We’re combating towards a person whose wealth got here from slavery,” her husband, Blaine, added.

The battle is unfolding in Sparta, considered one of Georgia’s poorest and most closely Black communities. In its condemnation submitting, Sandersville Railroad Firm described the rail spur as an financial growth challenge that may minimize down truck site visitors for the city’s 1,800 residents.

However locals argue the plan primarily advantages railroad proprietor Benjamin Tarbutton III and a small group of rich landowners hoping to ultimately hyperlink the monitor to a bigger route related to the Port of Savannah.

“We’re poor individuals right here in Sparta,” mentioned Janet Smith, Diane’s sister-in-law, who helped construct a small farm operation along with her husband, Mark, on the household’s 600-acre property. “We might not have cash, however we’re wealthy in spirit and love—and most of us are older.”

The landowners challenged the choice in Fulton County Superior Court docket, the place a decide upheld the ruling however saved building on maintain because the case superior to the Georgia Court docket of Appeals. Throughout a Feb. 18 listening to, a three-judge panel heard arguments from either side and the Georgia Public Service Fee, a choice that would decide whether or not the railroad challenge strikes ahead or stays stalled.

The nonprofit Institute for Justice, which is representing the landowners, mentioned it is able to take the combat to the U.S. Supreme Court docket if mandatory.

“This line will profit solely Sandersville Railroad itself and some clients, however the Georgia structure doesn’t enable this sort of taking,” mentioned Invoice Mauer, an lawyer with Institute for Justice. “Georgia courts have by no means held {that a} closed system just like the Hanson Spur constitutes a public use.”

RELATED CONTENT: New Farmer’s Market Opens Up In Metro Atlanta To Deal with Meals Insecurity For Residents



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