September 2017
D I G E S T
The Official Publication of the Kiawah Island Community Association
Land Trade Benefits Kiawah
submitted to the membership for vote. Information and ballots
were mailed to primary members on Aug. 14.
Details of the Agreement
Despite the parcel being oceanfront, it has very little value to KICA,
or to anyone other than KP, for two reasons. First, there is no access
to the property other than from the beach, as it is surrounded by
property owned by KP. And, through legally binding development
agreements, KP is the only entity that has the right to develop the
property. Below is a summary of property KICA and the conservancy
would receive. For details about the benefits of the exchange,
visual exhibits of land locations, an FAQ on the proposal and
more, please visit kica.us/parceltrade.
KICA Operations
KP will transfer several parcels of land to KICA in exchange for
the 4.6 acres near Beachwalker Park. These properties include:
The recently proposed land trade between KICA and Kiawah
Partners (KP) would secure land for KICA’s daily operations
while preserving more of the island’s natural environment. This
land trade requires a vote of the membership.
Background
In December 1995, KP deeded to KICA the 10-mile stretch of beach
from the dunes to the mean high water line, in accordance with the
terms of the development agreement. Included in the transfer was a
4.6-acre section of property (pictured above) near Beachwalker Park
(2.9 acres of which is seaward of the state determined baseline, and
not developable). Years after the conveyance, KP informed KICA
that it had transferred the property in error, as it was a small part of a
much larger conveyance. KP requested that KICA issue a corrective
deed and transfer the property back to KP. The KICA board
concluded that regardless of whether it had been conveyed in error,
the property had been properly conveyed as common property. By
covenant, common property cannot be sold or transferred without
the affirmative vote of 75% of the votes cast by association members.
KP sought judicial reformation of the deed; to date, the courts have
ruled in favor of KICA’s position. The appeals court recently heard
the case again and a decision is pending.
KICA and KP have been discussing the possibility of a land
trade to settle this issue for some time. The two entities have
recently come to an agreement on a proposal which has been
• Additional land for parking at its 23 Beachwalker Drive
administration building, which will now house many
of the community group meetings, relieving crowded
conditions at the Sandcastle,
• Additional land for future expansion of the member beach
parking near existing Ocean Course Drive beach parking,
• Maintenance parcel currently leased from KP for equipment
and other storage as well as a greenhouse for landscaping, and
• Equipment storage rights in Ocean Park.
Kiawah Conservancy Habitat Preservation
In addition to transferring these operational properties to
KICA, KP has agreed to other actions that will help to preserve
natural habitat for 15 different wildlife species. KP would grant
to the Kiawah Conservancy:
• Conservation easements on approximately 700 acres of
marshland stretching from the Kiawah Island Parkway
bridge all the way to Rhett’s Bluff (pictured above).
• Conservation easements on two parcels on the left side
of the parkway, between the bridge and the main security
gate, preserving the entrance to the island. Currently, KP
has development rights and zoning to build up to 25 units
on these parcels.
• Transfer of a 7.7-acre island off of Bass Creek.
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