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KIAWAH ISLAND, S.C. (WCSC) - The Town of Kiawah is continuing its fight to protect Captain Sams Spit, a sandy inlet that’s stirred a legal battle over development rights for years.

Officials became aware that Kiawah Partners, the owners of the land in question, have now offered to sell the land to the state. An agreement between Kiawah Partners and the town recently expired, prompting the town to look for options to keep the land untouched.

Kiawah Town Council discussed what action to take in the executive session this week after they got word of the possible sale. Council members authorized their legal counsel to send a note to South Carolina Attorney General Emory Smith regarding Captain Sams Spit.

Executive Director of the South Carolina Environmental Law Project Amy Armstrong explained that it’s unknown what state ownership would mean.

“The state hasn’t said what it would do, who would actually hold it, or what they would do with it,” Armstrong said. “It’s not necessarily assured that just because the state buys it that it’s going to stay exactly how it is today.”

The letter includes three attachments, one of which is the town’s demand letter to Kiawah Development Partners, dated Jan. 8, 2024, and it lays out obligations that were outlined in the contract between the town and developer that recently expired, that the developer did not fulfill.

One concern is that money will be wasted if the state agrees to purchase the land because Kiawah Partners should have already placed a conservation easement on the Spit, recorded a no-development covenant, and conveyed portions of the spit to the island’s Home Owners Association.

“The public doesn’t see why public funds need to be added to the cost of locking down what was supposed to be locked down by an agreement,” Kiawah property owner and land development lawyer Tim Hazel said. “So, in our opinion, it seems that we’re looking at potentially a waste of public funds to get to the point where we should be anyway.”

Kiawah town officials said in part, “The Town of Kiawah Island has a duty to ensure the developer honors its obligations under the development agreement.”

Island property owner and land development lawyer Tim Hazel said while this back-and-forth battle is extremely frustrating, he’s glad that the town is on the same side of this as residents.

Hazel said while this back-and-forth battle is extremely frustrating, he’s glad that the town is on the same side of this as residents.

“It’s funny because we’re not aligned on some of the issues involving development on Kiawah Island but this issue in particular, I think to the credit of the town council and the mayor, there is an effort to enforce what the town had negotiated in 2013,” Hazel said.

Armstrong said it’s encouraging that permanent protection for Sams Spit is potentially closer, but she’s keeping a cautious eye out for what comes next.

“If the community association owns part of the land and then there’s a conservation easement on the other part that the Kiawah conservancy holds, then that assurance that there’s not going to development out there and that would be a favorable outcome,” Armstrong said.

Kiawah councilmember Brad Belt said he could not comment on pending legal issues, but that “As has been noted at public meetings, the Town’s goal is to both preserve the access the public currently has to Beachwalker Park and the beach areas of the Spit and to protect the highlands area of the Spit, which is critical habitat for bobcats, nesting sea turtles and migrating shorebirds, from any development.”

Kiawah Partners declined a request for comment.

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For years, we have called for the conservation of the fragile, ever-shifting southern tip of Kiawah Island, a slice of land many know as Capt. Sam’s Spit. We reiterate that call for a deal — and encourage leaders in our state government and conservation community to focus anew on it — particularly as the property remains in between controversial efforts to develop homes there.

As The Post and Courier’s Toby Cox reported, the property is tied up in a complicated legal dispute over a 2013 Amended and Restated Development Agreement between the town of Kiawah Island and developer Kiawah Resort Associates that expired last month. At issue is whether the developer met contractual obligations to transfer ownership of some of the property’s highlands to the community association and to protect the remaining highlands with deed restrictions. These actions would protect the spit from development efforts, but the developer says these obligations were contingent on development, which did not occur.

Since 2008, developers have sought state permits to build 50 homes on the land, but the complexity of running a road and utility lines to the property has resulted in years-long court battles and appeals that stopped the plans. But those hoping for the property’s conservation should not count on permitting battles and environmental lawsuits alone; the land has some value, and its owners deserve to be compensated to some degree for a conservation agreement that would preclude development. Of course, there may be a wide disagreement over the dollars involved, given the property’s proximity to the high-valued real estate of Kiawah Island as well as the folly of building on land so subject to erosion and flooding.

Town officials sent the developer a letter this month asking it to fulfill the two obligations, and it’s certainly possible this could lead to yet another legal battle. That turn would be regrettable. It would be much better for both sides to focus on a conservation deal that would settle this matter once and for all.

The U.S. Supreme Court issued a precedent-setting ruling in 1992 in a case only five islands north of Kiawah (Lucas v. South Carolina Coastal Council), saying if government restricts all potential use of a piece of private property, that is considered a "taking" — and the property owner is owed compensation. We agree with what Amy Armstrong, executive director and general counsel at the S.C. Environmental Law Project, told Ms. Cox: "As long as the developer owns the property, there’s a threat."

The property is valuable for conservation not only because it provides habitat for wildlife but also because it adjoins Charleston County's Kiawah Beachwalker Park, which is so popular most summer weekends that there is a waiting list for its limited parking spaces. And that's not surprising: Beachwalker offers access to more than a mile's worth of beach and creekfront, around which bottlenose dolphins, sea turtles and seabirds are common visitors. In short, it's one of South Carolina's most pristine sections of beach publicly accessible by car.

Both South Carolina and Charleston County leaders should engage on ways to strike a conservation deal here for many reasons, including the prevention of unwise attempts to harden the land for development and the preservation of wildlife habitat and high-quality public access. The time to strike that deal is now, before more dollars are wasted on legal battles or ill-considered development plans.

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CHARLESTON COUNTY, S.C. (WCIV) — A controversial development on Kiawah Island is treading water.

Developers of Island Park Place Medical Village said the project will be a mixed-use facility, including medical, health and wellness, that will save people from making long trips to the doctor.

Residents and town officials are working to change the proposal or stop it. Meanwhile, supporters believe it would be a one-stop shop for those not wanting to leave the area for medical care. Still, opponents continue to believe the project is too big and commercial.

"It will destroy wetlands," Louise Bennet said. "It will destroy trees."

Read more: "James Island's Dills Bluff development plan meets resistance: From woodland to townhomes?"

These are only a few of the reasons Bennett is against the project planned just across the way from her business on Betsy Kerrison Parkway.

"It also destroys what's left of Johns Island that is peaceful and rural," Bennett said.

While developers tout the project as a one-stop medical shop, some think the 160,000-square-foot building falls short of that goal. Others said the medical care isn't needed as MUSC and Trident are planning for their projects nearby.

"Only about 60,000 square feet, 40 percent or so, is intended to be devoted to medical-related uses," said Bradley Belt, a member of Kiawah's town council. "The rest is residential, other retail restaurants... There's no requirement that it is actually devoted to medical-related facilities."

Read more: "Daniel Island townhome development defers second time due to grand oak tree concerns."

Bennett claims there are more viable areas to have a complex, including the central part of the island, where Trident Hospital will be.

An attempt by developers to rezone the area from low-density residential was denied by the Charleston County Planning Commission. That has developers looking to possibly scale back the project.

Meanwhile, an ad in support of the project has appeared on Facebook, seeming to suggest Charleston County Councilman Joe Boykin is in favor of the development. Boykin said he is adamantly opposed to it.

"I am aware that social media ads that utilized my image and words from a past speech were posted on Facebook in an apparent attempt to portray my support for a proposed Medical Health and Wellness Village on lower Betsy Kerrison Boulevard," Boykin said. "It is apparent to me that this was additionally an attempt to influence my constituents to ask me to 'keep my word,' as if I supported this project when the developer knew full well I was adamantly opposed to it.

"Angry constituents contacted me because they believed I supported this project only to learn just the opposite was true. I completely concur with the recommendation of the Charleston County Zoning and Planning staff, the decision of The Charleston County Planning Commission, and the opinions of the majority of the Charleston County voters who shared their views that this Planned Development should be denied."

Read more: "Could more development be coming to Johns Island after the New Year?"

Belt is holding a town hall on Thursday, Jan. 11, to discuss "key issues" impacting Johns Island and the Sea Islands community.

To the news, the development group provided the following statement to News 4.

“Our team has agreed to defer the PWC and first reading until we conduct an additional meeting with members of the community before the next scheduled PWC at Charleston County.”

The letters concerning the development can be read below.

CHARLESTON, S.C. (WCSC) - There’s been a back-and-forth battle over the potential development on a Kiawah Island sandy inlet for more than 15 years.

An agreement between the developer that owns the property, known as Captain Sam Spit, and the town recently expired, and the town is now taking action to keep the land untouched.

Two obligations were outlined in the contract that the developer did not fulfill, and this led to the town issuing a demand letter a few weeks back. The letter asks for those requirements to be carried out, according to the town.

The obligations in question are that the developer transfers ownership of some highlands on the spit to the community association, and that they protect the remaining highlands with deed restrictions.

“That means, since nothing has been developed, all of Sam Spit will be prohibited from being developed,” Kiawah resident Alex Fernandez said.

Kiawah Resort Associates said they formally responded to the town, but it is unclear what was said.

At a special-called town council meeting Wednesday afternoon, a motion was passed for the town’s legal counsel to pursue the town’s rights in enforcing what was laid out in the demand letter.

“The community is whole-heartedly behind this, there’s no doubt about it,” Fernandez said. “It’s a beautiful place and we want it to remain in the present state.”

Amy Armstrong, Executive Director of the South Carolina Law Enforcement Project, has played a large role in fighting to keep the spit untouched.

“Between the birds and the dolphins and the turtles, it’s just a very ecologically rich piece of land and once an area like this is developed, it’s gone forever,” Armstrong said.

The debacle has faced the South Carolina Supreme Court a handful of times.

Armstrong and Fernandez are passionate about protecting the land and the wildlife of Captain Sam Spit.

“We want to save these last remaining natural places from permanent destruction and loss,” Armstrong said.

“The Town of Kiawah Island has a duty to ensure the developer honors its obligations under the development agreement. This includes the conveyance and deed restriction obligations for Captain Sam’s Spit,” town officials said in a statement.

At the end of Wednesday’s meeting, it was said that after 15 years, maybe some kind of resolution is close.

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KIAWAH ISLAND, S.C. (WCSC) - Multiple four-story condominium complexes could be coming to Kiawah Island and residents there want the proposed plans to change.

They have concerns about the potential project on Upper and Lower, or Ocean Pines, Beachwalker Drive and say development on the island should not be rushed.

“The impacts are far-reaching for everyone on Kiawah Island, Johns Island, and people wanting to go to the public beach,” Kiawah resident Lance Spencer said. “The infrastructure costs that the city is going to have to bear and that taxpayers are going to have to bear are significant.”

Homeowners said they aren’t against development, but it needs to be done responsibly and they say what’s been proposed is far from it.

“We’re not naïve, we know the developers have the right to develop, but we just want them to develop more responsibly, meaning less density,” Homeowners Association representative for Kiawah Island Lynda Leffler said. “These two areas that they are trying to develop are the most dense on Kiawah Island.”

Their concerns include an uptick in traffic, stormwater management, and that the complexes won’t fit in with the surrounding communities.

“The additional building and construction that the partners and developers want to do is all just for profit with no consideration to the environment and the sensitivity of the environment to what is best for this community,” Kiawah Island property owner James Caltabiano said. “No consideration, it’s all just for profit.”

The complexes would be in a similar fashion to “The Cape” being built now on the island.

“It’s a monstrosity on the beach next to the county park that people come from all over to enjoy,” Caltabiano said. “Now they have The Cape to look at, and it’s terrible.”

Residents say the process to get this development approved has felt rushed and left little time for community feedback.

“The partners have a development agreement which expires December 4th of this year, so certainly they are trying to get everything approved before then, because in that development agreement they can put four stories on these buildings,” Leffler said. “We know they can do that, we just object to that and we wish they would tone it down to two stories.”

They said a two-story building would fit in with surrounding communities as well as address their other concerns.

“It would have a more positive impact on the environment,” Kiawah Island Cottage Association Board Member Cynthia Hadley said. “The stormwater retention is a huge issue in the sense that we experience more and more flooding as the ocean levels rise and the king tides come in. So, a smaller development is definitely what we’d like to see.”

To view the full proposed plans, click here and scroll down.

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