In Jasper's attempt to take back spoil land used by the U.S. Corps of Engineers and owned by the Georgia Department of Transportation on the South Carolina bank of the Savannah River, the Supreme Court ruled in September 2003 that a commercially owned and operated port would not meet the required public use -- a fundamental factor for condemnation.
At the time of the ruling, Jasper County would have leased the operation to SSA Marine, the world's largest port developer, for 99 years. In the court's judgment, the lease would have represented turning the land over to a private enterprise without benefit to the public.
In 2004, Jasper broke from the S.C. State Ports Authority, which Jasper officials thought wasn't supporting the rural county, and formed its own authority to govern any future port. On Jan. 7, the Jasper County Council agreed to a loan, development and management pact that named South Atlantic International Terminal, a local subsidiary of SSA Marine, its exclusive partner in the project. Under the new deal, Jasper is the sole owner of the land and the $450 million port, which South Atlantic would build and manage for 32 years, with four optional 10-year extensions. South Atlantic would retain 5 percent or $22.5 million for building the port.
Under the loan agreement, Jasper can borrow an initial $15 million at a rate of 3.5 percent to secure the land.
"If the acquisition is not successful, the county is off the hook," said Andrew Fulghum, Jasper County's administrator. That money is to cover the price tag on the land and the cost of possible litigation, he said.
The county would obtain the $450 million through bonds based solely on the port's projected income.
"It is just like running a utility, it has to fund itself," said Rose Dobson, Jasper's deputy administrator of economic development, of the project.
According to the management agreement, South Atlantic must pay back Jasper's debt before turning a profit. Jasper also would receive 40 acres on the port site for a business park.
On Monday, armed with a new plan and a perceived public interest, Jasper officials issued an ultimatum in a letter to Georgia DOT: Sell the 1,863-acre site for $8.5 million by Thursday or it's back to court.
"I'm convinced we've met every rule and law that the Supreme Court put in their formal rejection. Jasper County's going to own the land and Jasper County is going to own the terminal," said Henry Moss, former Jasper County administrator and consultant for SSA Marine. "It is a governmentally owned facility operated by a private management company, hired by the county."
But Georgia leaders aren't so sure that Jasper's plan will be favored by the courts, and, although a decision may not be made before the next Georgia DOT meeting, Thursday in Atlanta, officials are remaining cautious and generally mum.
"We will be answering the letter, but the response I have not yet seen," said Harold Linnekohl, Georgia's transportation commissioner. The Georgia Attorney General's Office and the Governor's Office are drafting a response for the Georgia Transportation Department's board of directors, Linnekohl said.
"The governor does not intend to turn his back on the state's significant obligation to the U.S. Corps of Engineers," said Heather Hedrick, spokeswoman for Gov. Sonny Purdue. "If alternatives are found, they would be considered, but this office doesn't know of any."
If Georgia doesn't accept Jasper's offer, the next move is filing for condemnation in the Jasper County Court of Common Pleas.
If a notice of condemnation is filed, Georgia DOT would have 30 days to contest the condemnation. It was that contention that went to the Supreme Court in 2003.
But if 2003's plan plodded ahead with hope and reckless abandon, this year's plan is a martial artist, trained and confident. But Jasper officials' optimism is restrained with tight-lipped smiles.
"I don't like to look ahead," said Keith Babbock, one of the county's condemnation attorneys. "We're awaiting Georgia DOT's response. When we see that, we'll know what to do."