Posted on Tue, Apr. 04, 2006


Ruling muddies ports dispute
Court says county has right to build, but that state’s condemnation process trumps it

gjackson@thestate.com

The S.C. Supreme Court handed Jasper County a hollow victory Monday in its fight to build a port on the Savannah River.

Jasper County has the right to build the port, the court said. But the court added that the State Ports Authority’s right to acquire the proposed port site through condemnation trumps Jasper’s condemnation rights.

“The Supreme Court made it clear that the authority gets the first shot at the land,” said Bill Stern, State Ports Authority chairman. “With their decision in hand, we’re moving forward with steps to acquire the site.”

The ports authority opposes Jasper’s efforts and sued last year, claiming it has the exclusive right to develop public marine ports within the state.

The authority and Jasper County are battling over development of a new port container terminal on land owned by Georgia on the S.C. side of the Savannah river.

Both the county and the ports authority want the land that is used for dredge spoils.

Stern sent a letter to the property owner, the Georgia Department of Transportation, Monday afternoon.

“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,” he said.

Jasper County also intends to move ahead. County Council chairman George Hood said he thought the ruling was positive.

“We’re going to let our attorneys review the ruling and see what we can do to get our port built,” Hood said. “Obviously, there are more hurdles we have to jump.”

Jasper County has started condemnation proceedings to acquire the property.

Cam Lewis, an attorney for Jasper County, said the county will continue its efforts to get control of the 1,800 acres.

Jasper County set up its own ports authority and entered into an agreement with SSA Marine of Seattle to develop and manage a terminal built on the proper ty.

The county would own the land and the terminal. SSA operating as South Atlantic International Terminal would assist the county in developing and managing the terminal.

Jasper County officials say the $450 million container terminal would bring jobs and prosperity to the economically depressed county.

County officials said they have been pushing the idea of a port on the Savannah River for more than a dozen years, but the state authority hasn’t been interested.

“When things were not moving as fast as we thought they should, that’s when we went out and found a private developer to try to get this thing built,” Hood said.

It was only after Jasper decided to partner independently with SSA that the ports authority really got involved, officials said.

Stern has said the authority intends to develop a terminal in Jasper. The agency’s concern with allowing Jasper County to proceed has been more about ceding control of a valuable public resource.

If Jasper County develops the port, it will be operated by SAS.

The State Ports Authority would not only develop the port, but operate it, as well.

Business leaders also see a privately operated Jasper County port as a possible beachhead for full unionization of state ports facilities.

Reach Jackson at (803) 771-8376. The Associated Press contributed to this report.





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