Junk Removal in Kiawah Island, SC

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.

Copyright 2024 WCSC. All rights reserved.

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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Follow winding, oak-shaded roads 25 miles southwest of downtown Charleston's cobblestone streets and celebrated restaurant scene, and you'll find yourself on Kiawah Island. Carved by the Kiawah River on one side and fronting the Atlantic Ocean on the other, the barrier island is a true escape. Here, nature reigns supreme: 10 miles of beaches roll out along the Atlantic; cicadas form their own sort of soundtrack; and lights-out is often determined by the sea turtles' nesting season. Even so, there's plenty to do for travelers who like their time in nature punctuated with good food, luxurious creature comforts, and a frozen drink in hand. Here are eight things to do in Kiawah Island, South Carolina.

Stay Like A Local

For access to all of Kiawah's amenities, from bike rentals to pools, you'll have to stay on the island. For an experience that's luxurious but unpretentious, book a room at The Sanctuary, an oceanfront hotel known for its five-star service and elevated onsite dining. For families who want a little room to spread out (or a kitchen), villa and home rentals are a smart choice; reserve through the resort directly, or book through a site like VRBO or Airbnb.

kiawahresort.com; One Sanctuary Beach Drive, Kiawah Island, SC 29455; 888-601-4904

Spend A Day On The Sand

On the west end of the island, Beachwalker Park, Kiawah's only public beach access, feels like a hidden gem thanks to its wide, unspoiled expanses of sand. It offers the best of both worlds: In addition to the ocean frontage, you can also score views of the Kiawah River here.

Hit The Links

Five state-of-the-art golf courses are open to the public. For avid fans of the sport, the Ocean Course alone makes Kiawah worth the trip. Host to two PGA Championships, the 18-hole course is not for the faint of heart. Raised above the dunes to capitalize on the expansive shore views, golfers are also subjected to ocean breezes (which don't make for an easy or predictable trip around the green). Try Cougar Point for marsh views and a slightly less technical experience.

Go For A Cruise

One of the best ways to explore the island is to leave the car in park and take a beach cruiser for a spin (you can reserve them through the resort or bring your own). Between 30 miles of paved trails and 10 miles of hard-packed beach, there's no shortage of routes to explore. Ask for directions to the Marsh View Tower, an observation deck primed for birdwatching and soaking in the marsh and river scenery.

Visit Heron Park Nature Center

The naturalists here will school you in many of the species who call the island home, from bobcats and white-tailed deer to loggerhead sea turtles and American alligators. Sign up for a guided tour, like "Back Island Birding", "Marsh Kayaking," or "Ocean Seining and Beach Combing," or ask for their recommendations for the best nature-spotting places in the area.

Explore Freshfields Village

Built around a lush lawn, Freshfields Village has plenty of restaurants and shops to explore, plus a boutique stay, the Andell Inn. Pick up a beach read at Indigo Books; snag treats for your four-legged friends at Dolittle's; and gear up for island adventures SeaCoast Sports and Outfitters. Start the morning with coffee and a breakfast sandwich from Java Java; settle in for grilled cheese and a milkshake at retro Vincent's Drugstore & Soda Fountain; or cap off the day with a glass of wine at FortyEight Wine Bar and Kitchen. Check their calendar for seasonal events, like summertime's "Music on the Green" concert series and farmer's market.

freshfieldsvillage.com; 165 Village Green Ln, Kiawah Island, SC 29455

Venture To Bohicket Marina & Market

Make the short drive to neighboring Seabrook Island for a taste of the area's salty maritime culture. Snag a umbrella-shaded table on the upper deck at Salty Dog Café for fresh catch, a cold beer, and riverfront views of the boats coming and going from the marina.

Attend An Oyster Roast

If the Palmetto State had to choose a favorite meal, it'd undoubtedly be oysters and barbecue. Experience the time-honored tradition of a proper oyster roast and pig pickin at Kiawah Resort's Mingo Point Oyster Roast and BBQ. The family-friendly event is held on major holidays and on Monday nights throughout the summer. Chow down on fresh oysters roasted over an open fire, a classic Lowcountry boil, and barbecue meats ranging from smoked chicken to ribs.

KIAWAH ISLAND, S.C. (WCSC) - A new concern surrounding development being built on Kiawah Island has recently come to light by residents and change is now in the works.

The questions revolve around two boardwalks that were built for “The Cape,” beachfront condominium complexes, to give the people that will be staying there beach access.

The boardwalks stick out too far onto the beach, and it raised a red flag for Jim Gidcumb, who bikes on the beach daily.

“At high tide, all of a sudden there’s this boardwalk that runs right into the ocean,” Gidcumb said. “I could not pass it and neither could pedestrians or emergency vehicles, and so I said something isn’t right here.”

After he and others expressed concerns, staff with DHEC’s Ocean and Coastal Resource Management came on-site to assess if the builds were compliant. They determined that recent beach erosion caused the boardwalks to be on the active beach, and the developer is working to shorten the structures.

“It’s a real safety hazard if you can’t traverse this beach at all hours,” Gidcumb said.

The Town of Kiawah said they are assessing to ensure that the boardwalks are compliant and respond to needs of accessibility for emergency and code enforcement vehicles.

“The next step will be to figure out how far back these boardwalks need to be to be in compliance,” Gidcumb said.

DHEC said as long as the boardwalks are shortened properly, they will meet the requirements of the applicable state regulation.

“It would be better to be proactive than reactive, as we’re kind of in a reactive mode now, but that’s fine,” Gidcumb said. “Catching it before it was completed means it can now be addressed and remediated.”

Gidcumb said at the end of the day he just wants to ride his bike on the beach safely and he appreciates the town and developer’s response on this issue.

For more information about this from the Town of Kiawah, click here.

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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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