State Ports Authority settles trio of lawsuits with St. Thomas Island property heirs
The South Carolina Ports Authority (SCPA) is in the final steps of settling three lawsuits which, originally filed by Mount Pleasant trial attorney Mark A. Mason, alleged that the SCPA abused its power of eminent domain after taking private property on St. Thomas Island in 1998 that was never used for port activities.
According to SCPA Manager of Corporate Communications and Community Affairs Erin Dhand, the trio of cases are settled pending the closings of the properties. One of the cases, which referenced a 16.4-acre site off Clements Ferry Road, closed at the end of January after the heirs purchased it for $320,000. The other two, a 6-acre and 1-acre site, are expected to close by the end of this month.
After plans to build a Global Gateway port on Daniel Island were proposed in ‘98, the Ports Authority began the process of taking certain private properties for that public purpose. Many residents and other community members expressed concerns about the project, which ultimately lead to the plans being scrapped. But the SCPA had already taken the properties.
The property owners eventually lobbied the S.C. State Legislature and in 2009 a directive was enacted requiring the SCPA to sell the properties back to the owners because the land was no longer being utilized for public purpose. But those transactions would not begin to occur until 2016. Until this year, only three of the six parcels in question had been sold back to the previous owners.
As the court documents state, the SCPA allegedly delayed the sales because it was unsure if the General Assembly’s mandate applied strictly to previous owners or also to their heirs. In response to this, in October 2017, the state’s Attorney General issued an opinion, officially clearing the way for sales to begin to the heirs.
As a part of the Port’s effort to sell real estate holdings that are not necessary to support port operations, Dhand added, they also intend to sell 34-acres on Daniel Island and 162-acres on Clements Ferry Road.
“The Clements Ferry Road parcel is located off Jack Primus Road and currently falls under covenants and restrictions of the Charleston Regional Business Center that restrict it from being sold or used for any non-railroad or port business until December 30, 2018,” said Dhand. “The Daniel Island parcel is located north of the 50-acre park leased to PRT in 2016.”