County plans to steam ahead and obtain land from Georgia.

BY MARK KREUZWIESER
BLUFFTON TODAY

Jasper County has the right to develop and own a deepwater shipping terminal on the Savannah River, the S.C. Supreme
Court ruled Monday.

All five justices decided that Jasper may own a shipping terminal south of Hardeeville, but one justice dissented “in part,” noting that if the S.C. State Ports Authority condemns land for the $450 million terminal, it would preempt Jasper’s effort to gain the land.

The land consists of about 1,776 acres in Jasper County owned by the state of Georgia, which uses the property to dump sediment from dredging the river’s shipping channel.

Georgia for years has strongly opposed giving up the land to Jasper County and its partner, SSA Marine, a privately owned company based in Seattle but with offices in Savannah and Charleston.

Several years ago, Jasper offered to buy the land from Georgia officials. They were rebuffed, however, and the county filed to condemn the property.

Lower courts supported the condemnation, but Georgia appealed to South Carolina’s Supreme Court, which threw out the eminent domain attempt, ruling that SSA Marine played too large a role in the ownership and management of the proposed county shipping terminal to allow condemnation.

The court’s new ruling reads in part that Jasper County “has the power and authority to create a county-owned public marine terminal on the Savannah River, and this power is consistent with the Constitution and general law of the state.”

However, the justices continued, “the S.C. State Ports Authority’s right of condemnation is superior to the county’s right.”

Previously, the ports authority stated it is still trying to negotiate the purchase of the land from Georgia, and hasn’t filed condemnation proceedings as Jasper already has.

On Monday, Jasper County officials were cautiously ecstatic.

“I haven’t read the ruling yet, and I’m sure there is still some work to be done,” said County Council Chairman George Hood. “I’m glad the Supreme Court ruled in our favor. That at least gives us more in negotiating power with whomever we have to deal with now. We’re one step closer.”

Vice Chair Gladys Jones said the court’s ruling provides much-needed hope in Ridgeland.

“Praise the Lord! What else needs to be said?” Jones said. “I am so excited that this has come this far, and we’re ready to move immediately on to whatever the next step is.”

She gave credit for Jasper County’s better footing on Monday to former county administrator Henry Moss.

“He was like a bulldog while working on the shipping terminal project,” she said.

Under Jasper’s pending condemnation of the land, the county has tendered Georgia a fair-market offering of $8.5 million for the land, which sits across the Savannah River from Georgia’s Elba Island about midway between downtown Savannah and the Atlantic Ocean.

Meanwhile, the state ports authority’s chairman, Bill H. Stern, celebrated the high court’s ruling, saying in a statement that “with their decision in hand, we’re moving forward with steps to acquire the site.

“The Supreme Court made it clear that the Authority gets the first shot at the land,” Stern said, adding that he sent a letter to Georgia officials on Monday.

“We’re ratcheting up the discussions,” Stern said.

The ports authority’s board of directors in January 2005 voted to acquire the property from Georgia.

SSA Marine Vice President Jake Coakley said Monday his company is, too, optimistic about the court’s ruling.

“We are very pleased that the S.C. Supreme Court has affirmed Jasper County’s right to build a deepwater terminal in South Carolina,” he said from his Savannah office.

“For a number of years, Jasper County has had the vision, plan and financing in place to complete this needed project,” he said. “It is time for the governor, the S.C. Legislature (and) the port authority (to) get behind this effort as has happened in both Norfolk, Va., and Jacksonville, Fla.”

Long-time Jasper County Councilman Thomas McClary said he’s “elated” by the news of the court’s ruling. “It’s been a long time coming, but I knew that good would win out.

“I hope that we can move on, and that there are no hard feelings, that we can work with the state to develop the shipping terminal for the benefit of all South Carolina,” McClary said.

County Administrator Andrew Fulghum said staff and lawyers were still digesting the court ruling for a report to the County Council on Monday.

“I think that Jasper County’s authority to develop a shipping terminal has been confirmed” by the court ruling, Fulghum said, “and it’s time to build.”

U.S. Rep. Joe Wilson said in a statement Monday that Jasper County has “worked tirelessly to gain the right to build, operate and own a port on the Savannah River. Today, the S.C. Supreme Court confirmed that the county is authorized to carry out its visionary plan.”

He continued, “As Jasper officials work together to get their proposal back on track, I encourage Gov. (Mark) Sanford and the Legislature to support Jasper County’s efforts. Today’s ruling presents a wonderful opportunity for leaders in our state to work together to create jobs in our community and deliver tremendous economic benefits throughout South Carolina.”

In March 2005, attorneys for Jasper County asked a federal judge to throw out a challenge by Georgia to the county’s condemnation, saying the case was brought in the wrong court – in Georgia.

The Georgia Transportation Department earlier had asked the federal court to permanently block any condemnation of the property.

Contact business editor Mark Kreuzwieser at 815-0815 or mark.kreuzwieser@blufftontoday.com