RIDGELAND--The State Ports Authority says it has exclusive power to "promote, develop, construct, equip, maintain and operate a harbor or harbors within this state on the Savannah River."

The authority filed its final legal brief this week with the state Supreme Court, which will decide whether Jasper County can build its own port on the Savannah River.

The county claims the 1932 law creating the State Ports Authority doesn't override its plans for a $450 million cargo-container terminal on the South Carolina side of the Savannah River.

The five-member Supreme Court is expected to hear opening arguments in the case during the third week in September, a court official said Wednesday.

The state sued to block the county after Jasper reached an exclusive development agreement with port builder SSA Marine in January. Jasper County has pursued a port project for more than 15 years and in September 2003 lost its bid to condemn the 1,800-acre site, which is owned by the Georgia Department of Transportation.

"This is the best thing for all the people of South Carolina, to get this thing behind us so we can condemn the land from Georgia and put a port there," said Harry Butler, chairman of the State Ports Authority board. "I'm glad to see the court has agreed to hear this in September. Hopefully, there will be a ruling shortly after that."

The agency now says it wants to build a container port on the site.

Jasper County attorneys point to a state law designed to let local governments control their own issues and the Revenue Bond Act for Utilities, as statutes that allow for a county port development.

"There is nothing in the Home Rule Act about waterborne commerce, the operation of seaports and harbors, or any of the great ... maritime enterprises of ocean trade," according to the brief filed by the authority's attorneys C. Mitchell Brown and Kevin A. Hall.

The state also claims it has greater power to condemn property and could take ownership of the port site. But Jasper County claims the state isn't interested in building a port there and isn't taking steps to seize the property.

"We want everyone in Jasper County to be aware that we have copies of the briefs and would like people to see them," said Andrew Fulghum, county administrator. "When we get a final date and time from the Supreme Court, we would like all residents to attend. I know how important this is to so many people."