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Saturday, April 29, 2006 - Last Updated: 7:14 AM 

Jasper County argues SPA has no port plan

Attorneys contend condemnation can't proceed without it

BY JOHN P. McDERMOTT
The Post and Courier

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Jasper County pushed back this week in its escalating dispute with the State Ports Authority, arguing the maritime agency cannot condemn the site of a proposed steamship terminal without a development plan.

Both sides are wrestling for control of 1,800 acres that the Georgia Department of Transportation owns on the north bank of the Savannah River.

Jasper is seeking the property for a privately financed shipping terminal that would compete for business with the Port of Charleston. It began its condemnation almost a year and a half ago after cutting a $600 million development deal with Seattle-based SSA Marine.

The SPA decided in early 2005 that it, too, wants to build a new container facility on the site. It filed its condemnation notice earlier this month, after the South Carolina Supreme Court ruled the state has greater power than local governments to seize property for public use.

When Jasper refused to drop its condemnation, the ports authority sought a court order April 18 that would force the county to back off.

Until that is decided, the county has said it will keep pursuing the land. "We have a plan and financing to make this project a reality while providing wide public benefits," said George Hood, chairman of Jasper County Council.

The SPA challenged Jasper's proposed project last year on the grounds that the state has exclusive rights to develop and operate public ports in South Carolina. The Supreme Court disagreed with that argument April 3.

In the latest legal salvo, Jasper's attorneys argued in a legal filing Thursday that, unlike the county, the SPA does not have the necessary "firm plan in place to condemn the land ... for a public use."

"We don't intend to let SPA stop our progress or to just sit on the land until they eventually come up with a plan of their own," Hood said in a statement Friday. "We will seek legal proof that they even have an economically viable plan for developing this property."

The SPA was reviewing the county's court filing Friday and had no comment on the merits, said spokesman Byron Miller.

Earlier this month, the Georgia DOT rejected the SPA's $9.3 million cash offer for the proposed port property.

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