Auto MechanicNear 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.

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.

Copyright 2024 WCSC. All rights reserved.

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.

From celebrated golf courses to unspoiled beaches, these destinations have it all.

South Carolina is often referred to as the Palmetto State, so named for the abundance of the trees in the area, but it could just as easily be dubbed the Barrier Island State. With 34 barrier and tidal islands peppering its shoreline (more than any other state except for Florida), South Carolina spills over with natural wonders, beautiful beaches, and unique destinations to explore. In our 2024 South's Best awards, readers voted on some of the very best of them. Here are the best islands in South Carolina, according to our readers.

The South's Best 2024

01 of 10

Hilton Head Island

With 12 miles of public beaches, more than 24 championship golf courses, and around 250 restaurants, Hilton Head's numerical stats alone prove why it's one of the state's most beloved islands. But the real magic, of course, belongs to its community—a mix of transplants and born-and-breds who are sure to make you feel right at home, whether you're sampling local oysters at Hudson's on the Docks or watching the boats come in at Shelter Cove Marina.

Explore Hilton Head

02 of 10

Isle of Palms

There’s nothing sleepy about this mile-wide destination just a short drive from downtown Charleston, where the activity and restaurant offerings belie its small size. Catch a concert at beachfront venue The Windjammer, play golf or tennis at nearby resort Wild Dunes (where you can book a stay in one of the property’s two inns or numerous vacation rentals), or shake out your towel on a sliver of the island’s six miles of sandy beaches for a leisurely day in the sun.

Explore Isle of Palms

03 of 10

Kiawah Island

While much of this tree-shaded barrier island is accessible only to those staying at Kiawah Island Golf Resort (either at The Sanctuary hotel or in one of their many rental properties), Beachwalker Park on the island’s west end is home to one of the state’s most beautiful beaches. Here, you’ll find both ocean-fronting shoreline and river views and can rent chairs and umbrellas for a no-fuss beach day. On your way, pick up deli sandwiches from The Station, an old-school convenience store in Freshfields Village, for an easy picnic.

Explore Kiawah Island

04 of 10

Edisto Island

This sea island about an hour’s drive from Charleston feels like a throwback in all the best ways. You won’t find high-rise hotels here, and the wildest nights are Tuesdays and Thursdays from the end of May through the beginning of August when the Edisto Island Lions Club hosts bingo (no booze allowed). For seasonally driven fare made with locally sourced ingredients, settle in for a meal at Ella and Ollie's (pictured above). The area’s crowning jewel is Botany Bay, a 4,600-acre nature preserve with nearly three miles of unspoiled shoreline, where erosion has left dead trees in its wake, resulting in a beautiful, otherworldly span referred to as the “boneyard beach.”

Explore Edisto Island

05 of 10

Sullivan’s Island

Just two-and-a-half miles long, Sullivan’s is a secret that Charleston locals are keen to keep. First settled in the late 17th century, the island can claim an embarrassment of riches when it comes to both historical significance and natural beauty. The wide beaches are pristine, and there’s nary a trace of touristy kitsch on Middle Street, the town’s main drag—just a handful of memorable eateries (we’re partial to The Obstinate Daughter’s house-made pastas) and well-curated shops (visit Sandpiper Gallery to peruse the work of local artists). The bitty beach town is big on curb appeal too: thoughtfully maintained historic homes and storybook cottages with flower-swamped trellises line the streets that crawl toward the beach.

06 of 10

Folly Island

About a dozen miles from downtown Charleston, this 12-square-mile barrier island is best known for being home to Folly Beach, a laid-back surf town that departs from the Holy City’s tucked-in approach in favor of flip-flop casual. With the Folly River on one side and the Atlantic Ocean on the other, there’s no shortage of opportunities for waterfront fun: Paddle through tidal creeks with a local outfitter, stretch out on the sand (there are six miles of beachfront here), or cast a line from the historic Folly Beach Pier, which recently reopened after extensive renovations.

Explore Folly Beach

07 of 10

Hunting Island

Just a 25-minute drive from downtown Beaufort, explore the seaside charmer's wilder side at Hunting Island State Park (South Carolina's most popular state park). Here, five miles of unspoiled beaches unfurl along the Atlantic and sandy trails wind through dense maritime forest.

08 of 10

Daufuskie Island

As the crow flies, the southernmost of South Carolina’s barrier islands is just miles from Savannah and Hilton Head, but it might as well be worlds away. Daufuskie is accessible only by boat (the official ferry offers four shuttles from Bluffton a day, five on Fridays), which is likely one of the reasons its 500 or so residents have been able to so carefully preserve its natural environment and its rich Gullah history. And while the island remains untouched in many ways, that doesn’t mean there’s nothing to see or do here: Tour the island with sixth-generation Daufuskie native Sallie Ann Robinson for an education in Gullah culture; go for a horseback ride on the beach; shop indigo-dyed goods at Daufuskie Blues; and cap off the day with a plate of deviled crab at Old Daufuskie Crab Company.

Explore Daufuskie

09 of 10

Fripp Island

About 20 miles from Beaufort, Fripp Island is a 3,000-acre designated wildlife sanctuary, home to more than 175 species of birds, plus endangered loggerhead turtles who use its beach as a nesting ground. The private island is accessible only to homeowners and those staying in vacation rentals, but once you're here, there's plenty to do, from guided kayak eco-tours to pickleball and golf.

10 of 10

Seabrook Island

Right next door to Kiawah Island, Seabrook has stunning saltmarsh vistas and celebrated golf courses, along with a full-service equestrian center that offers guided horseback rides. Its nearly four miles of beaches are private, accessible only to residents and those renting, though Bohicket Marina (just before the property’s gates) welcomes anyone and everyone to enjoy its river views. Snag a table on the upper deck of Salty Dog Cafe to tuck into fresh seafood with one of the area’s most memorable sunsets.

KIAWAH ISLAND — Kiawah Partners, the owner of Captain Sams Spit, has an offered to sell the disputed property to the state of South Carolina for $40 million.

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.