South Carolina is a Great Place to do Business
What does it take to get here?
When a Europe-based manufacturer decided to locate its first U.S. plant in Orangeburg County, South Carolina, it came to Haynsworth Sinkler Boyd.
The company had located a building that could be obtained for a reasonable price because the owner was in Chapter 11 bankruptcy.
But railroad access and additional land was needed to make the project work.
1. Railroad Access: To pay for construction of a rail spur to the site, we helped the company obtain incentives from the State of South Carolina, Orangeburg County and private-utility providers. Working with county representatives, we obtained easements from adjoining landowners to allow construction of the rail spur.
2. Land for expansion: We negotiated an option to acquire 20 acres adjacent to the property, along with a development agreement that protected the company from any changes in zoning.
But the company’s expansion plans included adding structures that could violate restrictive covenants applicable to the park, including aerial easements.
3. Easements for a park and an airport: Haynsworth Sinkler Boyd helped the company and the Park Commission agree on modifying the restrictive covenants. We also were able to obtain, with help of local government officials, the Airport Commission and the Federal Aviation Administration, a modification of the aerial easements.
4. Approval of the sale by the Bankruptcy Court: Since the out-of-state owner of the building was in bankruptcy, approval from the bankruptcy court was needed, and obtained, by Haynsworth Sinkler Boyd attorneys, working with out-of-state counsel.
Result: The company closed the transaction and moved to Orangeburg County on schedule.