The State Ports Authority does not have the exclusive right to build new port terminals in South Carolina, but it does have greater power to condemn property than local governments, the state Supreme Court ruled Monday.

The 4-1 decision was hailed as a victory by both sides in a high-stakes turf war between the SPA and Jasper County.

The ruling stemmed from a lawsuit the ports authority filed last year to block Jasper from developing a privately operated container terminal on deep water along the Savannah River that would compete with the SPA's operations in Charleston. The county is trying to condemn the nearly 1,800-acre dredge-disposal site, which is owned by the Georgia Department of Transportation.

The SPA, which decided in early 2005 that it wanted to build the terminal, has argued in a court filing that only it has the power to "promote, develop, construct, equip, maintain and operate a harbor or harbors within the state."

The county disagreed, saying the law that created the SPA doesn't override its rights to build its own cargo-handling facilities. It has described the $500 million port project it has been planning with Seattle-based SSA Marine as "a legitimate governmental exercise" allowed under home rule.

The state's highest court largely agreed with the county's position, but it also gave the SPA the leeway to acquire the Savannah River property.

"Because condemnation by a state agency is on behalf of a state, a state agency's power of eminent domain is superior to that of a political subdivision," the court said.

The justices also noted that a previous effort by Jasper to condemn the Georgia-owned site for public benefit was ruled unlawful because a private company, SSA, was responsible for financing, designing, managing and operating the port terminal.

The SPA declared the condemnation ruling a major victory.

"The Supreme Court made it clear that the authority gets the first shot at the land," Bill H. Stern, chairman, said in a statement.

Also, Stern said the SPA board is "moving forward with steps to acquire the site." The State Ports Authority, which has not yet filed for condemnation, sent a letter and its appraisal of the property to the Georgia DOT after the court ruling.

"We're ratcheting up the discussions," Stern said. "Without a site, there's no terminal. The authority's superior condemnation powers will ensure we have a site."

With a toast of fake champagne, Jasper and SSA officials also celebrated Monday's ruling. County administrator Andrew Fulghum said Jasper plans to proceed with its condemnation, which was on hold until the Supreme Court issued its decision.

"It's clear now that Jasper County's authority to own and operate a terminal has been confirmed," Fulghum said. "We have a plan in place and full financing and intend to proceed with that plan."

Regarding the SPA, Jasper would "welcome their assistance and collaboration," he said.

Jake Coakley, regional vice president for SSA, said too much time and money has been wasted.

"We hope at the end of the day that the State Ports Authority, Jasper County, Georgia, SSA and everybody gets this thing going. ... Maybe this will be catalyst," Coakley said.

Reach John McDermott at 937-5572 or jmcdermott@postandcourier.com.