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.