The S.C. 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, upholding an earlier ruling that the authority's right to the property supersedes the county's.

State Fifth Circuit Court Judge Ernest Kinard Jr. signed an order Wednesday denying the county's attempt to stop the Ports Authority's condemnation of the 1,800 acres, which are owned by the Georgia Department of Transportation. Georgia and Ports Authority lawyers now will present their cases to Kinard to determine whether the authority can legitimately condemn the land, Kinard said.

The Ports Authority and Jasper County have battled over the rights to develop the port for about five years. Both entities also tried to condemn the land in the last year, and Georgia challenged both claims. The county has plans for a privately run port, while the authority wants to be the state's sole port operator. The port would be a boon to 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 Ports Authority loses, Jasper's attempt to condemn will be given the same chance in court.

Ports Authority officials said they were pleased with the ruling but wary of the legal struggle ahead with Georgia.

"It's only the beginning of the battle," authority Chairman Bill Stern said in a release. "Georgia is fighting South Carolina's condemnation, but we're confident that we will be successful."

Jasper County Administrator Andrew Fulghum said he did not want to comment on the ruling until reviewing it with county lawyers and the County Council.

Although it is the Ports Authority's condemnation case that will be moving forward, the county will remain involved in the legal proceedings, according to the decision. It will be allowed to observe "all related aspects of the challenge action," including depositions, hearings and correspondence, in a friend-of-the-court capacity.

Once lawyers from both sides prepare their cases, they will inform Kinard, and he will schedule a hearing to rule on the condemnation, Kinard said. He did not know when that would be.

Russell Willard, a representative for the Georgia attorney general's office, which is handling the case, did not return calls for comment.

State lawmakers also plan to influence the port development -- House Speaker Bobby Harrell, R-Charleston, said this month that will introduce legislation giving the Ports Authority the sole right to develop the port.