Sanford: State, Jasper could unite on port effort
Partnership key to avoid litigation
Published "Tuesday
By MICHAEL R. SHEA
The Beaufort Gazette
HARDEEVILLE -- Gov. Mark Sanford on Monday praised Jasper County's determination to build a port on the South Carolina side of the Savannah River but didn't back down from last week's statement that the county shouldn't go it alone.

Sanford met with Jasper officials before taking a tour of the new Coastal Carolina Medical Center in Hardeeville andappearing at the opening ceremonies of The MCI Heritage golf tournament on Hilton Head Island.

Last week, the governor said he was against the county acting unilaterally in developing a $450 million port, but added Monday that the county and the S.C. State Ports Authority could work together on the project.

"I think Jasper County's position can fit (in the Ports Authority's plan)," Sanford said after the hospital tour. "There could well be a partnership between the state, the county and private interest. A partnership is the absolute key to avoiding lengthy litigation."

Jasper officials have been working to bring a port to their side of the Savannah River for more than a decade and agreed in January to a $450 million development deal with private port builder SSA Marine. Monday marked Sanford's first official visit to Jasper since he was elected in 2002.

Jasper's plan with SSA Marine, "will cost the taxpayers nothing and give them everything," Jasper County Council Vice Chairwoman Gladys Jones told Sanford. "We have a check for $450 million and it can't be cashed."

Sanford said he met with County Administrator Andrew Fulghum, County Council Chairman George Hood and SSA Marine officials last week in Columbia, adding that he thinks the private developer "will be able to cash that check."

The governor told Jasper officials he's been pulled between criticism of micro-managing state boards and claims that he hasn't been involved enough.

"On one hand I have the General Assembly trying to tie up our boards and on the other I have Jasper County saying, 'You need to flat out tell your board what to do,'" Sanford said. "I'm nudging (the State Ports Authority) at this point, rather than pushing."

Sanford emphasized that if the county acted alone, it would be mired in legal troubles.

"State law will make problems if you go the county route. (Jasper would) be tied up in the courts for years," he said.

Jasper's attempts to try to build a port have been met by a flurry of litigation in South Carolina and Georgia courts:

  • In January, Jasper filed its initial condemnation case against the Georgia Department of Transportation, which owns the 1,863 acres being eyed for development;

  • The State Ports Authority responded with an lawsuit in the state Supreme Court seeking a determination from the high court that the Ports Authority has the "sole or superior power" to develop ports in South Carolina;

  • Georgia then responded to the county condemnation attempt in March with a counter suit in U.S. District Court in Savannah; and

  • Georgia filed another challenge to the condemnation in a Charleston court, claiming that Jasper doesn't have the authority to condemn the land.

    In the Charleston case, Georgia tried to subpoena S.C. State Ports Authority board members and executive management, but Thursday attorneys for the agency filed a request stalling the action until the Supreme Court case is decided.

    "This is normal discovery," Keith Babbcock, Jasper's Columbia-based condemnation attorney said of the subpoenas both Georgia and Jasper want served, which would effectively put the State Ports Authority on the stand. "It's something that happens in all civil cases."

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