Jasper started its own land acquisition process last week, offering the Georgia DOT $8.5 million for the same land on the South Carolina side of the river for construction of a $450 million deep-water shipping terminal.
"Any action (the state Ports Authority) has taken doesn't affect us. We're moving forward as planned," Jasper County attorney Marvin Jones told the County Council on Tuesday night.
In September, Jasper broke from the state authority, which Jasper officials thought wasn't supporting the rural county, and formed its own authority to govern any future port. On Jan. 7, the Jasper County Council agreed to a loan, development and management agreement that named South Atlantic International Terminal, a local subsidiary of SSA Marine, its exclusive partner in the port project.
The agreements with SSA Marine were unanimously approved by the County Council on second reading Tuesday night and requires one more reading.
"We decided action was needed now," Tom Davis, a Beaufort County representative to the state Ports Authority's board said Tuesday. "We cannot fulfill the state charter with a county going off on a tangent doing something they don't have the authority to do."
The Ports Authority will file for condemnation as a way to acquire the land but is open to reaching a negotiated resolution if possible, according to board officials. The board has started talks with Georgia.
Representatives with Georgia's Transportation Department and Governor's Office couldn't be reached for comment Tuesday.
"We have expressed to the South Carolina State Ports Authority that we honor our agreement with the U.S. Army Corps of Engineers which clearly states that the Jasper property will be used to help maintain the Savannah River's navigational channel," said a statement from Robert Morris, a spokesman for the Georgia Ports Authority.
Last week marked Jasper's latest attempt to take the Savannah River site, used for dredge spoil by the U.S. Army Corps of Engineers due to upriver expansions at the Port of Savannah. In September 2003 the Supreme Court ruled against the county's first attempt at condemnation, citing that a commercially owned and operated port would not meet the required public use -- a fundamental factor for condemnation.
The S.C. Ports Authority is researching alternative spoil sites for Georgia and plans to make it part of their offer to secure the land, Davis said.
Also Tuesday, the Ports Authority's board of directors voted to file a lawsuit seeking a judgment from the S.C. Supreme Court that they have "the predominant authority to build and develop seaports" in South Carolina and on the Savannah River and that "Jasper County does not have such authority," the resolution reads.
Tuesday's Ports Authority decision came as a blow to Jasper officials.
"I'll act on this once I get advice from our legal team," said Jasper County Administrator Andrew Fulghum. "Right now, we will not deviate from our plan."
If Jasper seeks condemnation of the land they face "lawsuits from powerful enemies, including the U.S. Corps of Engineers, the state of Georgia, all with a lack of statutory authority," Davis said.
Jasper issued Georgia DOT an ultimatum last week: sell the land or we file for condemnation. Georgia's response is expected Thursday at the Transportation Department's board of directors meeting.
"I'm surprised by the move of the state board, however, I'll wait and see what their next actions are." said state Sen. Clementa Pinckney, D-Ridgeland. "I'm definitely committed to the private development and I see it as the best fit for our county and speed in bringing the project to fruition."
Davis stressed that the state has no plans to "mothball" the project and that they will use private sector business in the project.
But not everyone is convinced the state Ports Authority can be held to its word.
"I think at this point the legislature will get involved with this," state Rep. Thayer Rivers, D-Ridgeland, said. "We don't have a problem with the state Ports Authority getting involved, our problem is with them mothballing the property for 10 or 15 years," he said.
Officials with SSA Marine, which is financially backing Jasper's second attempt to obtain the land with $15 million, say they just want a port, regardless of the owner.
"We're willing to work with anyone who is willing to bring a (shipping) terminal there," said Jake Coakley, the firm's vice president.