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High court won't stop Jasper's port pursuit

Published Tuesday, May 30, 2006
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BEAUFORT -- The S.C. Supreme Court has refused to stop Jasper County from jockeying for a highly contested site eyed for a port on the South Carolina side of the Savannah River, but it suggested the local circuit court could take up the action brought by the State Ports Authority.

The county and state agency have been fighting over the 1,800-acre site since Jasper County moved to condemn the property in January 2005. A Supreme Court ruling in April refused a Ports Authority claim that it had the sole right to develop a port on the Savannah River.

Though the Supreme Court noted in its findings that the state had a superseding right to any particular site, the question before the court was solely on the county's right to develop a port and didn't regard the disputed site.

Soon after the ruling, Jasper County administrator Andrew Fulghum said the county would move forward with its condemnation plans.

The Ports Authority "viewed that as defiance to the Supreme Court ruling," Fulghum said Friday.

Byron Miller, spokesman for the Ports Authority, said the court's decision Friday was a procedural ruling on where the authority could seek relief.

"The decision says nothing about the merits," he said, noting that the authority hasn't decided on its next legal step.

Also last week, the state Senate introduced a bill with 24 co-sponsors that would require the Ports Authority to submit financial plans to the legislature.

A bill introduced in the state House of Representatives in April with 89 co-sponsors also would require legislative approval before the authority acts on the condemnation, but it's been stalled in committee talks.

With only three working days left in the legislative session, Fulghum said, approval for either bill isn't likely.

"But it speaks volumes to the feeling of a majority of the legislature," he said.

Contact Greg Hambrick at 986-5548 or .

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