Co-Working Space Near Kiawah Island, SC

The offer, which was made in December, includes the transfer of Beachwalker Park, which is leased to Charleston County. Kiawah Partners would drop a lawsuit filed against the S.C. Department of Health and Environmental Control and the state in 2009, which alleges that the repeated denial of permits to build homes and infrastructure on the spit has resulted in financial loss for the developer.

If the state refuses the offer, the lawsuit would proceed, extending a legal battle that’s been going on for more than 15 years over development rights on the land.

“It has become very clear ... just how important (Captain Sams Spit) is to so many different people,” said Chris Randolph of Kiawah Partners.

Because of legal interventions, building homes and infrastructure on the land no longer is an option. The offer would be a win for the state, a win for Kiawah Partners and its investors, and a win for those who want the spit to remain undeveloped, Randolph said.

“If we’re able to find this mutually beneficial solution with a bargain sale price to the state and putting to bed all of the potential liability, ... we think that is a deal that’s good for the state and really is a legacy for us and the island,” he said.

The “takings” case

Captain Sams Spit is a delicate, teardrop-shaped piece of sandy land on the southern tip of Kiawah Island.

From 2008 to 2022, Kiawah Partners (before 2013, it was called Kiawah Development Partners) attempted to secure permits to build 50 luxury homes on the property and the infrastructure needed to protect the area from flooding and erosion.

The S.C. Supreme Court eventually ruled to deny all permits and confirmed the spit’s value as a public, natural resource.

The lawsuit — Kiawah Development Partners II, LLC v. DHEC and the state — asks this question: How much is the developer losing by not being able to build homes on Captain Sams Spit as planned?

In 1992, the Supreme Court ruled on a similar question posed in David H. Lucas v. South Carolina Coastal Council. In that case, developer Lucas bought two lots on the Isle of Palms in 1986 to build homes on them. The Beachfront Management Act, passed by the state in 1988, prevented him from doing so.

Because he could no longer build homes on the property, Lucas filed a lawsuit claiming that this left the land essentially “valueless” and constituted a “taking” by the state. Lucas asked for compensation to make up for what was lost, and the U.S. Supreme Court ruled in his favor.

Kiawah Partners is using the Supreme Court decision as the basis for its case against DHEC and the state: Because Kiawah Partners cannot build homes and infrastructure on the spit, it is unable to make the money it counted on and this constitutes a “taking,” the suit claims.

To determine how much money has been lost, Kiawah Partners considered both the land’s depleted market value and vast resource value.

Putting a price on land like Sams Spit is not straightforward; value doesn’t always translate easily to dollars and cents, said Trenholm Walker, the attorney representing Kiawah Partners.

A 2020 appraisal by a third-party company, Valbridge Property Advisors, valued Sams Spit at $113 million. This appraisal assumed the proposed 50 single-family homes and infrastructure were to be built, which didn’t happen.

This value might be higher if these hypothetical houses had been erected then sold in the current housing market. Nearby, some homesites on Flyway Drive sell for around $11 million, Randolph noted. Using this as a reference, the 50 proposed homes on Sams Spit could have been worth around $500 million, he said.

“Now, the market value has been driven to the ground because of the denial of permits,” Walker said.

But what the spit lacks in market value, it makes up for in resource value, he added.

Captain Sams Spit is one of the only three undeveloped barrier island beaches in the state with public access and is also a critical habitat to numerous species, including red knots, sea turtles and bottlenose dolphins.

Today's Top Headlines

Although Sams Spit's resource value is considered priceless, financial benefits of the spit can be measured, to an extent, through sand, Walker said.

Sand, a precious resource that’s critical in addressing beach erosion, costs $30 to $50 per cubic yard.

Kiawah Partners has granted permission to the Seabrook Island Property Owners Association for the Kiawah River inlet to be relocated three times since 1983. The inlet naturally migrates toward Seabrook Island as sand accumulates at the western end of the spit, Walker said.

The owners association paid for these relocations, engineered by Coastal Science & Engineering of Columbia, and permits were issued by the Army Corps of Engineers and DHEC.

These manipulations have moved the inlet back to its 1963 location by digging a new channel by the spit and filling in the inlet next to Seabrook Island. This has allowed for a “soft renourishment” of nearby Seabrook Island.

A “soft renourishment” doesn’t require dredging but rather encourages the natural accumulation of sediment at the intended site, he said.

SC Climate and Environment News

Kiawah Partners estimated that this effort has led to the transfer of a cumulative 420,000 dump trucks worth of beach sand to Seabrook Island — at a total value estimated between $126 million and $210 million. This has increased Seabrook Island's beachfront by more than 1,000 feet, Walker said.

“It has been done three times in 40 years, so as you look out at the future, each time that you would be relocating that inlet, you’re saving that amount of money from an actual beach renourishment project,” Randolph said.

For the purpose of the “takings” case against DHEC and the state, Kiawah Partners values the spit between $150 million and $200 million, making the $40 million offer a steal, Walker said.

Outcomes

Beachwalker Park is owned by Kiawah Partners and leased to Charleston County. A 99-year lease was signed in 1976, and the park has been run by Charleston County Parks and Recreation Commission since then. There are 51 years remaining on the lease.

“All Kiawah Partners is now is the landlord (of Beachwalker Park), and if the state were to acquire it, or a state entity, then that entity would become the landlord,” Walker said. “Beachwalker Parks stays in place.”

Kevin Bowie, executive director of the Park and Recreation Commission, said that it's too soon to tell what it would mean for the park to be state-owned.

"(Beachwalker Park) has changed hands before and nothing has changed," he said.

If the case proceeds and the court rules in favor of Kiawah Partners, the state could be required to pay as much as $200 million, the value of the property in the takings case. If the court rules in favor of DHEC and the state, the state would pay nothing, and the spit would continue to be privately owned.

Special-advertising

It is not clear what state ownership of the property would entail. Army Armstrong, executive director and general counsel at the S.C. Environmental Law Project, said it really depends on which state entity would hold the title.

“(Parks, Recreation and Tourism) builds structures on state parks, and what they would have planned for this land is anyone’s guess,” she said. “If the land was a heritage preserve that (the Department of Natural Resources) owned, then it would be entitled to much greater protection.”

If SCDNR held the title, it could also make the spit into a Wildlife Management Area, which would mean fewer protections than a heritage preserve but greater protections than a state park, she added.

Next steps will depend on the state’s decision.

When asked about the offer, DHEC spokesperson Laura Renwick deferred to the state Attorney General's Office. Robert Kittle, the attorney general's public information officer, did not respond to requests for comment.

The pending offer to sell the "buildable" land on the spit has no expiration date, though Walker and Randolph said Kiawah Partners would like to see things move forward sooner rather than later. Ownership of the "non-buildable" land will be transferred to the Kiawah Island Community Association.

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.

Copyright 2023 WCSC. All rights reserved.

JOHNS ISLAND, S.C. (WCIV) — Neighbors on Kiawah Island said they’re opposed to the plans for the Island Park Place Health and Wellness Village.

“We just don't want it,” said Johns Island resident Tesha Nelson. “We wanna continue with the beauty of Johns Island to stay the beauty of Johns Island.”

Collie Farah, the land preservation specialist with Kiawah Conservancy, said they are "talking about a development that is just under 130,000 square feet. That is a lot of impervious surface.”

“The infrastructure that's here now on Betsy Kerrison just simply can't support a development of that size," he added.

Read more: "Opposition rises against controversial Kiawah Island Park Medical Village."

They’re concerned not only about the size but the environmental impact.

“Not only is it disrupting wildlife habitat, but it's also filling in two acres of freshwater wetlands that are critically important for wildlife, but also stormwater mitigation,” Farah said.

Nelson adds: “It's going to affect the environment where, like I said, if we give one person to build, they'll build more. So they're going to take away from the beauty, the beautiful trees, the island that we all love.”

According to a press release from the Kiawah Conservancy, the developer has listened to concerns and made some changes since the initial presentation of the plan.

Read more: "Kiawah Island health center proposal faces steep opposition amidst rising concerns."

News 4 spoke with Councilmember Jenny Honeycutt, who represents this area and reminds people—right now, this is just a proposal.

“This is a plan development,” she said. “And so this would come to council and committee and then have to go through the three readings process at three council meetings. They still have not brought this to the county council for an actual vote in committee.”

Honeycutt admits she shares the environmental concern.

“This is a very high intense use, right next to a residential area on the border of the urban growth boundary. And I'm not so sure that that is the best use,” she said. “Again, I try to keep an open mind, but clearly, the folks in this area do not want to see something of this scale in this area.”

Read more: "Charleston board deliberates on new developments amidst tree preservation concerns."

And though the Kiawah Conservancy has been very vocal about this development, they say they aren’t against the idea of the project, but rather the size.

“We have to learn to live with the environment and grow with the environment and not against it,” said Farah.

Honeycutt said unless the developer asks for another deferral, the revised plans will be presented in front of the Charleston County Public Works Committee on Thursday.

Based on the Charleston County Public Works recommendation, the plans will then be seen by the Charleston County Council.

One of South Carolina’s most enchanting locales, Johns Island boasts miles of shoreline with gorgeous coastal architecture. Only 20 miles from historic Charleston, the Kiawah River area is the region’s sole “agrihood” community, offering everything from a 100-acre working farm and goat dairy to active beehives and nature trails. Today, we’re touring the interior of one of the area’s custom homes, filled with luxe-modern details.

We are grateful to all our sponsors:

Built by Charleston-based JacksonBuilt Custom Homes with interiors by Motif, this three-bedroom, three-and-a-half bath home was designed to reflect the area’s natural elements, such as driftwood, feather grass, and water. Moving to Kiawah to escape the Pennsylvania winters, the homeowners have created a retreat highlighting vaulted ceilings and a tranquil aesthetic.

“The front part of the home is the main living space with a beautiful, vaulted ceiling, plaster fireplace, and iron ‘turnbuckles,’ which add to the design goal of making this part of the house feel like the original homestead,” says Kimberly Jackson of JacksonBuilt Custom Homes.

We are grateful to all our sponsors:

Though the home sits on an irregularly shaped corner lot, the 2,950-square-foot abode blends in seamlessly with its surroundings. The exterior wows with its coastal farmhouse feel. A stunning live oak tree in the front yard offers a prominent natural feature for the homeowners and the surrounding community. The home is so beautiful, in fact, that it received a “Best in American Living Award” from the National Association of Home Builders! “The home is very natural and organic to the community’s 20 miles of shoreline, acres of maritime forest, and working farms. The large live oak tree in the front is the star of the landscape,” says Kimberly.

Working with architect Collin Cope to accomplish the design and aesthetic, the home offers materials and furniture that complement the outdoors.

All images courtesy of Keen Eye Marketing.

**********

Check out more inspiration from home interiors across the South!

When I think of US islands I think first of Hawaii. Then the US Virgin Islands, and then perhaps Key West. But maybe I should be thinking a little closer to home. A South Carolina Island was the one that took the title of the best island in the US. This is according to the Conde Naste Traveler Reader’s Choice Awards for 2023. And to make it even more exciting the 2nd place winner is also in South Carolina. So which island were they? Coming in first was Hilton Head Island followed by Kiawah Island. Kiawah is in the vicinity of Charleston whereas Hilton Head is further south closer to Savannah, GA.

Top Islands In The US According to Conde Naste Traveler

These are some incredible destinations that Hilton Head and Kiawah topped. Full disclosure I’ve never been to either. In fact, the only spot on this list I’ve been in Key West. I think I’d still rather go there. I’m partial to blue water and a true island lifestyle. And given the choice of anywhere one this list I’m picking somewhere in Hawaii no questions asked. However, the resort vibes of both Hilton Head and Kiawah are still appealing to me.

Conde Naste Traveler readers voted on the best islands as part of the publication’s 36th annual l Readers’ Choice Awards. Other categories include hotels, airlines, cruises, and more worldwide. This year 526,518 people participated in the Readers’ Choice Awards survey. If you’re looking for your next island vacation, perhaps this will inspire you. Do you agree that one of these South Carolina islands is the best island in the US? Or are you like me and a little more attracted to other destinations on this list? You can read the full list and descriptions here.