From The Blog

KICA Still Pursuing Deed to Captain Sam’s Beach and Marshland with the Goal of Land Conservation

As many of our members are aware, the Amended and Restated Development Agreement between the Town of Kiawah Island and Kiawah Partners and related entities expired Dec. 4, 2023. Upon expiration, the agreement required Kiawah Partners to convey certain portions of Captain’s Sam’s Spit to the Kiawah Island Community Association (KICA) for conservation under a permanent easement to be held by the Kiawah Conservancy.

KICA pursued its rights under the agreement and entered a settlement with Kiawah Partners on Jan. 31, 2024 in an effort to effectuate a near-term transfer of the beach and marsh portions of the spit. KICA voted 6-0 to accept this settlement and received positive and supportive feedback from various parties. At that time, the conservancy communicated (view letter) that “The Kiawah Conservancy is delighted to hear the Kiawah Island Community Association and KDP II, LLC (“Kiawah Partners”) reached an agreement to convey portions of Captain Sam’s Spit to be held in common by KICA.”

Unfortunately, Kiawah Partners has failed to deliver a quitclaim deed for recordation that is acceptable to KICA. At this time, KICA is collaborating with our legal counsel, as well as the Town of Kiawah Island and Kiawah Conservancy to evaluate the next course of action. The KICA board takes its fiduciary duty in this matter very seriously. KICA has initiated multiple, lengthy meetings with both the town and the conservancy and continues to be open-minded and available to work with these parties to accomplish our common goal: the complete conservation of Captain Sam’s Spit. The KICA board has formed a Special Litigation Committee to address this matter.

KICA has been puzzled by some of the communication it receives. As a board, we are well aware of the recent statements that have been made on public message boards. Innuendo and inaccurate claims are counterproductive to a spirit of cooperation and achievement of our common goal. We encourage thoughtful and constructive interactions in the weeks and months ahead.