Jasper, working to bring a shipping terminal to its side of the river for almost a decade, invigorated the process last month by filing for condemnation of the Georgia-owned land on the same day the Ports Authority entered the fray, filing a lawsuit in the state Supreme Court seeking a judgment that they have the sole right to develop and manage ports throughout the state and along the Savannah River.
On Feb. 8, Jasper County responded to the Supreme Court lawsuit claiming it was not developing a port, but a single marine terminal -- a right maintained under home rule.
The state Ports Authority responded to that position Thursday citing state law that applies to the authority's powers over "seaports of harbor watercraft and terminal railroads, as well as other kinds of terminal facilities."
The state also disputes Jasper's semantic sidestep, arguing, "Jasper County is splitting hairs if they suggest a meaningful difference exists between a 'port' and a 'terminal' under these circumstances."
It's a position Jasper attorneys readily dispute.
"There is a difference between 'terminal' and 'port,' and the statutes creating the South Carolina Ports Authority outline it," said Brady Thomas, an attorney with the Columbia-based law firm handling the condemnation for the county, Lewis, Babcock and Hawkins.
Jasper officials courted state support for years, but the Ports Authority didn't show interest until Jasper started its second attempt at condemnation of the Georgia-owned land.
In September 2003, Jasper lost its first stab at condemnation when the state Supreme Court ruled its lease agreement with SSA Marine resulted in a public body relinquishing land to a private enterprise.
On Jan. 7, the Jasper County Council approved a new plan with SSA Marine, where the county owns the land and facility with SSA support as builder and manager.
The Georgia Department of Transportation responded to Jasper's notice of condemnation Thursday with a challenge in the Jasper County Court of Common Pleas -- where the condemnation was filed -- and with a countersuit in the U.S. District Court Southern District of Georgia Savannah Division.
The federal suit names Jasper County and the five members of the County Council as defendants and seeks a permanent injunction on the project and damages for the cost of Georgia's legal expenses.
"They're trying to say the federal government, under the supremacy clause, trumps the state government," Thomas said Friday.
The Georgia Transportation Department is under a federal contract with the U.S. Army Corps of Engineers to provide a spoil site for upriver dredging at the Port of Savannah. Georgia officials claim the proposed Jasper port site is the only suitable spot for the spoil and handing the land over to Jasper would violate their federal responsibility.
"We not only expected all this legal activity, we were prepared for it," Jasper County Administrator Andrew Fulghum said Friday. "We were advised Georgia would respond on the state and federal level."
Jasper officials say they were motivated to action because the state showed little interest in the project, which could result in almost 100,000 spin-off jobs for the region.
"There have been no offers or great compromises (with the state)," Sen. Clementa Pinckney, D-Ridgeland, said Thursday. "Short of that, it's been hard for us to sit on our hands and do nothing."
State ports officials claim they have been in contact with the county, working for more than a year to bring a port to the South Carolina side of the Savannah River.
"The state Ports Authority is committed to do anything it possibly can to move forward as fast as possible," Harry Butler, state Ports Authority board chairman said Thursday. "Anything that we can do to make a Jasper port a reality we will do."