Central of Georgia Railroad v. Georgia Public Service Commission

Smith, Justice.

We granted a writ of certiorari in this case to determine the proper standard for the Georgia Public Service Commission (the Commission) to use in determining whether it should approve a condemnation action by a railroad filed for the purpose of expanding and improving the railroad. The trial court adopted the standard proposed by the railroad, and the Court of Appeals, in reversing, adopted the standard proposed by the Commission. We find that the trial court identified the correct standard, and we therefore reverse.

The Central of Georgia Railroad (Central) filed a notice with…