Eminent Domain Attorneys in Kiawah Island, SC

The South Carolina House of Representatives slipped funding for a $32 million legal settlement into the 2026-2027 budget – despite failing to even discuss the controversial payout during the committee process.

The appropriation would end decades of litigation, appeals, and mediation over on Kiawah Island – an exclusive barrier island located approximately 25 miles southwest of Charleston, S.C.

The settlement involves the Conservancy of the Sea Islands, the Town of Kiawah Island, the Kiawah Island Community Association, Kiawah Partners and the State of South Carolina. If it makes its way into the final version of the spending plan, it would compensate developers for lost income from a land parcel that extends from Beachwalker Park to the Kiawah River after the state compelled developers not to construct housing there due to ecological concerns.

Under the agreement, the land would be placed into a conservation easement held by the Conservancy of the Sea Islands. This easement would eliminate future residential development rights and preserve the land in its natural state. The spit is one of the few remaining undeveloped native habitats for multiple Palmetto State native species, including sea turtles and migratory birds.

If the deal goes into effect, the Town of Kiawah Island would acquire ownership of Beachwalker Park ensuring public access to the beach, while the state would take ownership of the remaining land, with portions potentially designated as a Heritage Trust Preserve under the auspices of the S.C. Department of Natural Resources (SCDNR).

Skeptics of the appropriation agree the land should be preserved, but insist developers were forewarned that their speculative investments would be valueless at the time they decided to buy the land, and are therefore unlikely to prevail in legal challenges demanding the state compensate them for lost potential revenue.

Opponents of the settlement argued during the budget debate on Tuesday evening (March 10, 2026) that regardless of the validity of the deal, it is unfair to ask lawmakers to approve a multi-million dollar expenditure that wasn’t discussed as the budget made its way through the committee process.

S.C. Freedom Caucus’ chairman Jordan Pace protested the line item – opposition unexpectedly buttressed by representative Gil Gatch, who pointed out during the floor debate that the developers have already struck out repeatedly in state courts.

Gatch, a lawyer-legislator, also claimed federal case law in support of the plaintiff’s case was shaky at best.

“Why would the attorney general settle with the developers in Kiawah when the developers don’t have a legal theory to win,” Gatch asked, questioning why attorney general Alan Wilson would “give a handout to the developers.”

Wilson’s office declined to comment on the settlement citing it’s inability to speak about pending litigation.

“I wanted to amend (the budget) to take ninety days to do due diligence to make sure that what we’re doing makes sense,” state representative Joe White told FITSNews in an interview conducted the day after the House approved funding for the settlement in the budget. “The ramifications for the future of South Carolina are that once you settle one of these out of court without litigating, every developer in South Carolina can claim ‘you cheated me out of something, and now the state owes me something.'”

White warned the case “could alter for the future what we can defend in South Carolina.”

After having conversations with attorneys familiar with this type of litigation, White said he wanted more due diligence done on the recommendation from the attorney general’s office that the state settle the case.

“I talked to administrative law judges here in South Carolina that said we would win this lawsuit if we pushed it forward,” White said.

White likened the deal to the General Assembly’s decision to ramrod Scout Motor’s economic development deal, which was also was also expeditiously funded with astonishingly little public input or oversight.

“This is similar to the Scout Motor deal which I voted against three years ago,” he said. “We did no due diligence on that, we did no due diligence on this. It never went to subcommittee or committee in the House. It just appeared in the budget, and most of the legislators knew nothing about it until last night.”

White lamented their approval of the expenditure, but added the process has run its course in the House.

“We approved it,” he said. “It’s done.”

Opponents of the appropriation must now rely on the S.C. Senate to remove it from the state’s spending plan, as governor Henry McMaster – who included the expenditure in his executive budget – is obviously not going to veto the money in the event it makes it to his desk.

(Via: Travis Bell)

Dylan Nolan is the director of special projects at FITSNews. He graduated from the Darla Moore school of business in 2021 with an accounting degree. Got a tip or story idea for Dylan? Email him here. You can also engage him socially @DNolan2000.

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The phrase “island vacation” may evoke images of turquoise Caribbean waters, bright white beaches, and temperatures over 80 degrees even in the depths of winter. But islands directly off the Southern U.S. mainland do it a little differently—and no two are the same.

South Carolina islands have palmetto trees growing alongside ferns and pines. Georgia’s barrier islands, including St. Simons and Jekyll Island, boast diverse landscapes made up of beaches, marshes, dunes, and maritime forests. And Texas islands, with their shallow bays and seagrass meadows, are home to extensive wildlife.

No, not all of these Southern islands offer year-round swimming conditions, but they do have their own unique appeal, even in the colder months. To help pick the top islands in the South, we tapped Mary Helen Law, a Georgia-based travel advisor and owner of Law Luxury Travel.

Longboat Key, Florida

Law describes Longboat Key as “one of the region’s best-kept secrets." Located on Florida's Gulf Coast, the quiet barrier island is just a 20-minute drive from Sarasota, making it relatively easier to get to if you’re flying to the Sunshine State. The island does lean more residential—and, thus, the beaches are typically less crowded—but there’s still plenty to do if you want to stay busy. Activities range from kayaking with dolphins and manatees to sunset cruises and pickleball matches. Plus, Law notes that with the 2024 opening of The St. Regis Longboat Key Resort, “visitors can now enjoy elevated luxury alongside beloved local favorites like Shore and Whitney’s.”

Daufuskie Island, South Carolina

Neighboring Hilton Head Island may have more name recognition, but Daufuskie Island earns a spot on this list due to its remoteness (it’s only accessible by boat), incredible beauty, and dedication to preserving its Gullah culture. Visitors can take in everything that makes Daufuskie so special in a variety of ways. Start by enjoying a classic beach day on its three miles of public beaches, or head out on horseback with Daufuskie Trail Rides. Take a tour with sixth-generation native Sallie Ann Robinson, who specializes in Daufuskie Island history, then pop into Daufuskie Island Distillery to sample some of its American-made rum. The island also features a number of historical sites—First Union African Baptist Church and the Bloody Point Lighthouse among them—and the best way to see as many as possible, and get around the island in general, is via golf cart.

Golden Isles, Georgia

“Call it cheating, since the Golden Isles is a collection of islands off Georgia’s southern coast, but it’s nearly impossible to pick just one,” says Law. “Choose Sea Island for a luxury retreat at The Cloister, Cumberland Island for the simplicity of roaming horses and untouched landscapes, St. Simons Island for lively beaches and dining options, or Jekyll Island for a vacation full of old-world charm.” No matter which island you visit, you can expect a relaxed atmosphere with gorgeous sunsets, mild weather, and some of the best meals you’ve had in your life (Southern Soul Barbeque on St. Simons is a highlight).

Dauphin Island, Alabama

If you’re searching for a tropical vacation spot but want to stay stateside, look no further than Dauphin Island. A barrier island in the Gulf of Mexico, the 14-mile-long destination is known for its clear blue water and picturesque white sand. It’s also affectionately called the “sunset capital of Alabama,” a title you’ll quickly understand as you take in the horizon on the far west end of the island. To reach the island, you’ll need to come by ferry or via the three-mile bridge that connects it to mainland Alabama. Upon arrival, the world is your oyster. Explore the 164-acre Audubon Bird Sanctuary, Shell Mound Park, and Historic Fort Gaines. Alternatively, you can spend your days on the water, kayaking, snorkeling, or paddleboarding until dinnertime.

“A sleepy beach town known for its rich history, Pawleys Island is home to independent restaurants—such as Chive Blossom, Bistro 217, and Frank's Outback—several art galleries featuring the work of local artists, and Downtown Pawleys, a quaint shopping area surrounding a tranquil pond,” says Law. A little under four miles long, the island is easily explored on foot or by bike, and visitors spend their days fishing, crabbing, golfing, or just appreciating the beauty and the slower pace, preferably while lounging in a locally made hammock. “A visit wouldn’t be complete without exploring the historic Hammock Shops, where handcrafted rope hammocks have been a tradition for generations,” adds Law.

Hatteras Island, North Carolina

The Outer Banks of North Carolina are made up of several islands, stretching from the Virginia border to Ocracoke Island. One of the best ones to visit is Hatteras Island, home to Pamlico Station by Edgecamp, a coastal hotel designed by Jonathan Adler that opened in 2024. Dotted with towns like Rodanthe, Salvo, Waves, and Hatteras Village, the barrier island is long—nearly 50 miles from end to end. With that much space, visitors and locals alike have plenty of room for water sports, leisurely beach days, and sightseeing. Notably, kiteboarding and windsurfing are extremely popular on the island; if it’s your first day, sign up for a private or semi-private lesson with Real Watersports.

Amelia Island, Florida

South of the Golden Isles, just over the maritime boundary between Georgia and Florida, is Amelia Island. “Spanish moss drapes across oak trees as you cross the bridge onto a stunning Amelia Island, where visitors can enjoy nearly empty beaches, five championship golf courses, and a variety of land and water activities for all ages,” says Law. It’s a true family-friendly destination with a range of accommodations, including the luxurious Ritz-Carlton, Amelia Island and Omni Amelia Island Resort & Spa—both of which come recommended by Law—and charming bed-and-breakfasts housed in the historical buildings downtown. Law adds that the island has “an active food scene.” with “everything from tapas at España, a nod to former Spanish rule of the island, to local seafood cuisine at Down Under, a favorite oyster bar for locals.”

South Padre Island, Texas

Many non-Texans may associate the Lone Star State with miles and miles of flat, landlocked plains, but this part of the world has an impressive amount of variation in its climate and landscape. Take South Padre Island, for example: a tropical paradise on the Gulf of Mexico, just off the southern tip of Texas. It’s warm year-round, has 34 miles of white-sand beaches and blue water, and gets more than 300 days of sunshine annually. Like many of the best islands in the South, this is a place where you can be as relaxed or as busy as you want. Spend your days chartering a boat, learning about wildlife at South Padre Island Birding, Nature Center, and Alligator Sanctuary, or horseback riding along the beach at Island Adventure Park.

Kiawah Island, South Carolina

“Some might call Kiawah Island a golfer's paradise,” says Law, “but don't discount this 10-mile-long oceanfront resort as anything less than a perfect destination for the entire family.” Along with the famed Ocean Course, which hosted the 2012 and 2021 PGA Championships, Kiawah has miles of bike paths, wide beaches, and salt marshes teeming with wildlife. There are various vacation rentals available on the island—some oceanfront, some riverfront—but Law says you’ll find “ultimate relaxation” at The Sanctuary, a repeat winner in Travel + Leisure's World’s Best Awards.

Ship Island, Mississippi

Ship Island is 12 miles off the coast of Mississippi. The barrier island, which is part of Gulf Islands National Seashore, is a true getaway in every sense of the word. According to the National Park Service, cell phone service is limited, and the island is only accessible by boat. While there's no lodging on Ship Island and camping is not allowed, visitors can take advantage of its Caribbean-like waters and white-sand beaches during the day. Chairs and umbrellas are available to rent at the designated swimming beach, which has amenities like restrooms, drinking water, and a snack stand to keep you comfortable. Just be sure to bring plenty of sunscreen and stay hydrated—summers here are notoriously hot and sunny.

KIAWAH ISLAND, S.C (WCIV) — A settlement reached after nearly two years of negotiations is said to guarantee the permanent protection of Captain Sams Spit, a haven for nature lovers for decades, according to a release from the Conservancy of the Sea Islands.

“It will be preserved. There will never be a building there," said Executive Director of the Conservancy of the Sea Islands Donna Windham.

The agreement, made between the Conservancy of the Sea Islands, the Town of Kiawah Island, Kiawah Island Community Association, Kiawah Partners and South Carolina, still needs to be legally approved. However, once that is finished, the entirety of Captain Sams Spit – from Beachwalker Park to the end of the Spit – will be under a conservation easement holder and steward. The Town of Kiawah will control the Beachwalker Park parcel. Meanwhile, South Carolina will take ownership of the remaining portions of the Spit.

"Captain Sams Spit is truly a unique natural treasure," Kiawah Mayor Bradley D. Belt said.

The town will be able to continue all ongoing activities, enforcement, and wildlife research. Additionally, Beachwalker Park will remain in public hands, assuring access to the beachfront.

The state is planning to contribute $32 million to the conservation of the area, while the town puts in $3.7 million and the conservancy $1.3 million. Officials tied to the settlement say Gov. Henry McMaster is in strong support of the measure.

The conservation easement prohibits development and would significantly restrict human impact across Captain Sams Spit, according to the announcement.

The settlement also establishes a framework for long-term coordination among municipal, state and nonprofits, ensuring oversight for future generations, officials said.

Kiawah Island residents say they are pleased by the outcome.

“It's a one-of-a-kind place. We need to protect it, so I'm thrilled," says resident Kathy Ladner.

“One of the reasons people come to this place is to see the natural part of it and live with nature," said resident Carol Medendorp. "We need Captain Sam's to be Captain Sam's and be able to see the dolphins and the turtles.”

The peninsular spit is attached to the southern end of Kiawah. It provides a habitat for federally threatened species, including the rufa red knot, piping plover and loggerhead sea turtles. The area also supports diamondback terrapins and bottlenose dolphins.

It has been the site of intense legal wrangling, as the Kiawah sought to ensure the area saw limited development and environmental preservation. With the newly announced agreement, officials believe that conservation of the area is a top priority.

“It means we get to protect a very important spot, not only for the wildlife on the island, but we also get to protect an area where we get to study this wildlife," said Lee Bundrick, a senior Ecological Health and Conservation Coordinator with the Conservancy of the Sea Islands. "We want people to connect with nature because we're just as much as part of nature. And being out in nature is just as important as protecting it as well."

Peggy Barnes, chair of the Conservancy of the Sea Islands board of trustees, added: “Captain Sams Spit is an invaluable habitat for birds, mammals, reptiles, amphibians and crustaceans. Placing the entire Spit under conservation easement ensures these habitats are preserved in perpetuity, benefiting rare, threatened and endangered species. This is a defining conservation achievement for our organization and for the South Carolina coast.”