S.C. Supreme Court rules in ports authority case

In South Carolina State Ports Authority v. Jasper County, the Ports Authority argued it has exclusive authority over maritime port development in South Carolina and filed suit against the county in January 2005 to stop the County from creating a marine terminal on the Savannah River.

The Supreme Court concluded that the County is not preempted from the field of port and terminal development on the Savannah River because the General Assembly has not manifested an intent that no other enactment touch upon the subject. Further, the County has the power and authority to create a county-owned public marine terminal on the Savannah River, and this power is consistent with the Constitution and general law of the State. However, the Court noted that the Ports Authority's right of condemnation is superior to County’s right. Hence, the Ports Authority can swing a bigger stick on this issue even though the County is not excluded from the field.