Bid to stop State Ports Authority blocked

Judge: Jasper County can’t quash efforts to condemn land

By SCOTT DANCE

sdance@beaufortgazette.com

The State Ports Authority’s claim to land for a planned Savannah River port will go forward in court ahead of similar action by Jasper County.

Fifth Circuit Judge Ernest Kinard Jr. this week denied the county’s attempt to stop the authority’s condemnation of the 1,800 acres, which are owned by the Georgia Department of Transportation.

Georgia and authority lawyers now will present their cases to determine whether the authority can condemn the land, Kinard said.

The authority and Jasper County have battled over the rights to develop the port for about five years. Both also separately tried to condemn the land in the last year, and Georgia challenged both claims.

The county plans a private port, while the authority wants to be the state’s sole port operator.

The port would be a boon to the local and state economy, adding billions of dollars and creating as many as 90,000 jobs, Jasper officials have said.

Jasper County moved to condemn the land in January 2005, but in response to a challenge from the authority, the S.C. Supreme Court ruled in April that the authority has the superior right to the land.

The authority then made its own claim for condemnation in April, and Wednesday’s order dismisses the county’s challenge, pushing forward the authority’s claim.

If the authority defeats Georgia’s challenge in court, it can go ahead with port development. If the authority loses, Jasper’s attempt to condemn will be given the same chance in court.

Jasper County officials declined comment.

Dance is a reporter for The Beaufort Gazette, a McClatchy newspaper.