Lawyers representing the state of Georgia are trying to mire the proposed Jasper County shipping terminal in a legal Catch-22.

The Georgia Department of Transportation, which owns the nearly 1,800 acres of Jasper County riverfront eyed for the proposed terminal, wants federal and state court rulings to stop the property from being condemned by the county.

The state suit seeks to prove that the condemnation benefits a private shipping company, not the public. Meanwhile, the federal suit wants Jasper County first to prove it has the necessary permits to build the proposed $450 million shipping terminal before the land can be condemned.

This is the second time Jasper County officials have tried to condemn the land.

They have sought to develop the property into a shipping terminal for nearly 15 years, but it is owned by the state of Georgia, which has declined to sell.

The property is one of 14 sites along the river used by the U.S. Army Corps of Engineers to store muck dredged from the Savannah River’s shipping channel.

The Corps holds long-term and perpetual easements on the land. These federal easements are part of the property’s title and would require the Corps’ release before any development could occur.

“They’re trying to take Georgia’s property without going through the appropriate analysis to see if they can use that property,” said Richard Bybee, the Charleston attorney representing Georgia.

In response, Jasper County officials say they can’t get the Corps to consider releasing the land from its easements or grant other environmental permits until the county owns land.

“The Corps won’t talk to anybody except the person who owns the property,” said Rose Dobson, Jasper County’s deputy administrator for economic development and planning.

Dobson suggests that a deal with the Corps could be reached because the county’s shipping terminal ultimately would need to use only 4 percent of the dumping capacity.

However, if the federal courts agree with Georgia, the ruling could be a fatal blow to the county’s plans.

The Corps of Engineers already has signaled its intent to continue using the land for dredging. During Jasper County’s first attempt to condemn the property, Corps lawyer William Hough sent a letter stating the federal agency’s position.

“At no time has the Army Corps of Engineers provided any assurances to Jasper County regarding modification of the easements,” he wrote.

Meanwhile, Bybee also finds himself arguing in S.C. court that Jasper County’s condemnation really is to the benefit of a private company, Seattle-based SSA Marine.

The state case is similar to the one Bybee won two years ago, when the S.C. Supreme Court ruled unanimously to overturn the county’s condemnation.

Under Jasper County’s plan this time, officials say the county would own the land — through a county-established ports authority — and lease the terminal to SSA, through a $4 million annual fee and a $2-per-container profit sharing fee.

Construction would be paid for by revenue bonds issued by Jasper County, but would be guaranteed by SSA. The shipping terminal’s operation would pay for the bonds.

There are no trial dates set for the lawsuits.

Bybee intends to argue that the relationship between Jasper County and SSA still amounts to condemning land for a private company.

“We were successful with one bullet last time. But we do believe there are appropriate remedies in both court systems.”

Reach Werner at (803) 771-8509 or bwerner@thestate.com