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Resolution to Initiate Condemnation

Published on Wednesday, March 13, 2013

RESOLUTION AUTHORIZING

 CONDEMNATION OF REMAINDER OF LEASEHOLD INTEREST ON PORTS AUTHORITY

PROPERTY IN SPARTANBURG COUNTY, FOR CONSTRUCTION OF INLAND PORT

TERMINAL AND RELATED STRUCTURES

WHEREAS, the South Carolina State Ports Authority has, as its mission and purposes, among others, to contribute to the economic development of South Carolina by fostering, stimulating, and increasing water-borne commerce, foreign and domestic, through the harbors and seaports of the State of South Carolina; and 

WHEREAS, the South Carolina State Ports Authority is authorized by the General Assembly to establish inland ports, and has commenced to develop and maintain an inland port terminal with related terminal railroads and structures in or near Greer, South Carolina (South Carolina Inland Port) in order to facilitate and increase water-borne commerce through the seaports of the State for the benefit of the citizens of the State; and 

WHEREAS, the South Carolina State Ports Authority, among its powers, may rent, lease, buy, own, acquire, mortgage and dispose of such property, real or personal, as the South Carolina State Ports Authority may deem proper to carry out its purposes and provisions of 1942 Act 626 of the General Assembly, all or any of them; and

WHEREAS, the South Carolina State Ports Authority has authority to acquire by condemnation property necessary for construction of terminal railroads and structures; and

WHEREAS, the South Carolina State Ports Authority and Artic Cold Storage and Distributing Company, Inc., now known as Nordic Cold Storage, LLC, (Nordic) entered into a lease agreement dated May 11, 1983, for a lease of a portion of the South Carolina State Ports Authority’s property in Spartanburg County, in or near Greer, South Carolina, in which, if Nordic exercises its option for a third extension term, is scheduled to terminate on December 31, 2023 (Lease); and 

WHEREAS, the South Carolina State Ports Authority board has considered and reviewed information regarding the South Carolina Inland Port project and Lease and has determined that it is reasonably necessary for the South Carolina State Ports Authority to acquire the remainder of Nordic’s leasehold interest in order to develop the South Carolina Inland Port in a cost efficient and timely manner for the benefit of the citizens of the State; and

WHEREAS, the South Carolina State Ports Authority has diligently tried to avoid the property leased to Nordic, but it has determined that the engineering requirements of the South Carolina Inland Port project dictate the utilization of the site currently leased to Nordic for the project; and 

WHEREAS, the South Carolina State Ports Authority has caused the property subject to the Lease to be appraised in order to determine the amount that would constitute just compensation for the taking of Nordic’s leasehold interest; and

WHEREAS, the South Carolina State Ports Authority has made reasonable and good faith efforts to negotiate with Nordic an agreement upon the amount of compensation to be paid for the remaining leasehold interest,  but has been unable to reach an agreement with Nordic;

NOW, THEREFORE, BE IT RESOLVED by the Board of the South Carolina State Ports Authority that for the construction of inland port terminal facilities, including terminal railroads and structures, for the benefit of the citizens of the State, it is necessary to acquire by condemnation the remaining leasehold interest held by Nordic on the Authority’s property in Spartanburg County in or near Greer, South Carolina, the said leasehold occupying three and thirty-six one hundredths acres as shown on the attached plat dated April 18, 1983, prepared by Lindsey & Associates, Inc., along with all rights under the remaining leasehold dated May 11, 1983, and amendments thereto, and the Board does hereby authorize the General Counsel of the South Carolina State Ports Authority to initiate condemnation proceedings and take any and all such other steps or actions as may be appropriate to acquire the said leasehold interest for the purpose of developing an inland port for the benefit of the citizens of the State; and

LET IT BE FURTHER RESOLVED, that the Board of the South Carolina State Ports Authority authorizes the executive management of the South Carolina State Ports Authority, under direction of the South Carolina State Ports Authority’s President and Chief Executive Officer and/or Chief Financial Officer, and such other officers as the Chief Executive Officer and/or Chief Financial Officer may deem  appropriate, in the name of, for and on behalf of the South Carolina State Ports Authority, to do and perform all such other acts and to sign all such further documents and certificates and to take all such other steps as the President and/or Chief Financial Officer may in his discretion deem necessary, appropriate, advisable or convenient and proper to carry out the intent of the foregoing resolutions.

I HEREBY CERTIFY that the above Resolution was duly adopted by the Board of the South Carolina State Ports Authority at a special meeting held _______ day of _________, 2013.

WITNESS the hand and seal of the Secretary of the South Carolina State Ports Authority. 

               SOUTH CAROLINA STATE PORTS AUTHORITY

          By: ________________________________________

                        Willie E. Jeffries, Secretary 

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