Georgia retirees fight railroad company that wants to take their land

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A retired Georgia couple is fighting back against a railroad company that wants to take land their family has owned for generations

A retired Georgia couple has embarked on a battle against a private railroad company attempting to use the state's power to take land their family has owned for generations.

It would, however, mean residents of Sparta would have to deal with more dust and debris from the increased capacity of transportation. that some residents were already battling the company's attempt at seizing their land with the help of Jamie Rush, a senior attorney for the Southern Poverty Law Center.

The Institute for Justice has accused the railroad company of abusing eminent-domain power. Bill Maurer, a senior attorney with Institute for Justice, said:"Taking people's private land and handing it over to a private company for the benefit of a private business isn't just wrong, it's unconstitutional and against Georgia law."

Blaine Smith's cousin, Marvin Smith, and his wife, Pat, have also joined the fight to keep the land that belonged to their great-grandmother, who was born a slave there, in their family. The Institute for Justice told Insider that other residents who the proposal could impact could join the fight — but that only the Garretts and the Smiths are part of the lawsuit for now.

He said the spur line would only make one round trip a day, creating new jobs and tax revenue"for one of Georgia's poorest counties."

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