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Thursday, Sep 22, 2005
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Posted on Mon, Sep. 19, 2005

Supreme Court to hear ports dispute


Associated Press

The battle between Jasper County and the State Ports Authority over a $500 million steamship terminal on the Savannah River goes before the South Carolina Supreme Court on Tuesday.

The county wants to develop a privately financed terminal on the South Carolina side of the river just downstream from Savannah, Ga. But the State Ports Authority argues it has the exclusive right to develop ports in the state.

The justices have set aside 35 minutes for arguments.

In court papers, the State Ports Authority maintains it has the exclusive power to "promote, develop, construct, equip, maintain and operate a harbor or harbors within the state."

By planning its own terminal, the county is encroaching on the authority's jurisdiction, the agency maintains.

But the county contends planning an 1,800-acre terminal "is a legitimate governmental exercise" allowed under the state's home rule law.

The State Ports Authority sued last January after the county reached a development deal with SSA Marine, a private company, to develop the terminal.

County officials have been working since the early 1990s to develop a terminal and bring in better paying jobs.

In court papers, the county said it began working to develop its own terminal after the State Ports Authority rejected building one at the site.

The state maintained such a terminal was "a bad idea" because it would compete with the Port of Charleston and was not economically feasible, the county filings said.

The State Ports Authority, which is running short on space in Charleston, has now announced plans to build an 11-berth steamship terminal on the site.

Gov. Mark Sanford and six former governors wrote a letter last April saying the state should control terminal development.

"While Jasper County should be praised for its vision, we are convinced that its citizenry, as well as citizens in every part of the state, will be best served by maintaining public seaport facilities under the guidance of the South Carolina State Ports Authority," it said.

But the county maintains private port facilities are not new to the state and the proposed terminal is "very similar to those owned by other public and private entities," including the U.S. Navy, Nucor Steel, BP Amoco and MeadWestvaco.


Information from: The Post and Courier, http://www.charleston.net/

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