RIDGELAND -- As Jasper County
officials continue wrestling with the S.C. State Ports Authority
over who can build a shipping terminal on Georgia-owned land on the
South Carolina side of the Savannah River, Georgia senators may be
looking to work with South Carolina to develop the highly contested
$450 million cargo container terminal.
The Ports Authority last month filed suit in the S.C. Supreme
Court claiming it has the sole or superior power to build and
operate shipping ports in South Carolina.
Jasper attorneys, who have
maintained that not allowing the county to pursue a marine terminal
is a violation of home rule, fired back Feb. 18. They cited the
Revenue Bond Act for Utilities, part of the S.C. Code of Laws, that
allows counties to issue bonds specifically for the development of
terminals.
"The facts of this case will speak for itself," Jasper County
deputy administrator Rose Dobson said Wednesday. "State statute
allows the county to use certain financing products for the purpose
of developing a marine terminal."
The Georgia Department of Transportation filed its own suit in
federal court against the county claiming that Jasper's agreement
with port builder SSA Marine doesn't constitute a public use -- a
key criteria for condemning land.
Jasper County administrator Andrew Fulghum doesn't think anything
the county puts forth will meet approval in Georgia.
"I'm not sure anything we do will convince Georgia that we're in
the public interest," he said. "Frankly, the Supreme Court is the
one we have to convince."
The legal contention between Jasper County and the Ports
Authority is part of a declaratory judgment lawsuit process. The
Supreme Court will rule on the matter once both sides conclude their
arguments. However, in the response from Feb. 18, Jasper County's
attorneys requested a discovery period, which could bring all
parties involved directly before the high court.
"We believe the plan in place and the agreements meet the
guidelines for public good as was outlined in the Supreme Court (in
2003)," Dobson said. "The points that we've addressed, with the
current agreement, clearly shows it's for the public good."
Fulghum released Jasper County's second response to the Ports
Authority's lawsuit late Tuesday night from Columbia after the
document was filed in the Supreme Court on Feb. 18.
But on Tuesday, Georgia senators voted 51-0 in favor of creating
a Jasper Port Study Committee that would work to minimize the
financial impact another port on the Savannah River could have on
the Port of Savannah.
"The two states can cooperate and benefit from a port if its
management and operations are designed not to harm the Charleston
and Savannah ports," Georgia Senate President Pro Tem Eric Johnson,
R-Savannah, who sponsored the legislation, said Wednesday. "The only
way to make the Jasper port not hurt Charleston or Savannah is to
work together."
The Georgia House is expected to decide on the bill in March,
Johnson said.
In Columbia, state Sen. Scott Richardson, R-Hilton Head Island,
is working on similar legislation to bring together the two states'
efforts.
"Our best efforts are probably to give some energy and direction
to the (Ports Authority) until we find out who's running the show,"
Richardson said Wednesday. "We haven't determined who's in charge on
our side of the river."
Whereas the Georgia legislation aims to create a joint committee
between the Georgia and South Carolina general assemblies, the South
Carolina legislation, which has not been introduced, targets
creating an agreement between the two state ports
authorities.