SC: State Port Authority Trumps County

Thursday, April 06, 2006
The Supreme Court of South Carolina ruled that the eminent domain power of the South Carolina State Ports Authority (SCSPA) is superior to that of Jasper County. In the instant case, the SCSPA and the County had competing plans for development of a marine terminal to be located on the Savannah River. The court held that, while both had the power and authority to develop and operate ports or terminals, the power of the state agency to take by eminent domain a particular piece of real property trumped that of the county agency. South Carolina State Ports Authority v. Jasper County, No. 26132 Source: HK Law

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