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Estate Planning Attorney inKiawah Island, SC

Did you know that one in two U.S. citizens have yet to create a plan for their estate? Just about everyone knows they need to get their affairs in order, but most people procrastinate when it comes to estate planning. It's an uncomfortable subject to think about. After all, nobody wants to ponder their death and what happens to their assets when they pass. However, working with an estate planning lawyer in Kiawah Island, SC, protects you, your loved ones, and your assets, both while you're alive and after you have died. There isn't a perfect time to plan your estate, but there is a right time and that time is now.

We understand that there is no "one-size-fits-all" solution to your estate planning needs. That's why, at Cobb Hammett Law Firm, we make a concerted effort to speak with our clients personally so that we can create an estate plan that is as unique as they are. Our estate plans are comprehensive, cost-effective, and catered to you. That way, your family is provided if you are incapacitated or pass away.

At the end of the day, our goal is to make sure that every one of our clients leaves our office feeling less stressed and more informed. Peace of mind is valuable currency these days. Why worry about the future of your loved ones when you can use South Carolina law to ensure their stability?

Many of the clients in Kiawah Island, SC that walk through our doors have significant questions that require serious answers. They're filled with doubt, stress, and worry. They're worried about their children, their spouse, their relatives, or all the above. They ask questions like:

  • How much does estate planning cost?
  • What kind of results can I expect?
  • How long will this process take?

If these questions sound familiar, know that you are not alone. At Cobb Hammett Law Firm, we have worked with hundreds of clients just like you. Sometimes, these clients are unsatisfied with their current estate planning attorney in Kiawah Island, SC. Other times, they have been served with confusing papers or documents that leave them feeling overwhelmed. In either case, clients come to our office knowing they need to manage what is often a sudden, foreign situation.

The good news? We sit down with all new clients for an hour at no extra cost. We do so to get a basic sense of their situation and help steer them in the right direction. That way, they can leave our office feeling a little wiser and a lot better about the future.

Our firm specializes in several areas of estate planning and family law, including:

  • Estate Planning
  • Last Will and Testament
  • Living Wills
  • Heath Care Power of Attorney
  • Living Wills
  • Irrevocable Trusts
  • Revocable Trusts
  • Retirement Trusts
  • Special Needs Trusts

The Cobb Hammett
Difference

At Cobb Hammett, LLC, estate planning is like second nature to us. Having worked hundreds upon hundreds of cases, we have the knowledge and experience to assist with all the estate planning needs that you or your family have.

As our client, you will always work directly with your attorney. We do not pass cases off to paralegals or junior associates. Because your concerns and questions don't end when our office closes, we encourage our clients to contact us at any time.

Because we limit the number of cases we accept, we have the time and resources to truly dedicate ourselves to each of our clients. Unlike some competitors, we care about the outcome of every case because we know that our clients' future depends on it.

Estate Planning Attorney Kiawah Island, SC The-Cobb-Dill-Hammett-Difference
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What Our Clients Say

What is Estate Planning in
Kiawah Island, SC?

The word "estate" might make you think of a sprawling mansion in the French countryside. The truth is, you don't have to be rich to have an estate. In fact, most people already have an estate. An estate comprises the assets that a person owns like cars, bank accounts, real estate, businesses, and other possessions. Everyone's estate is different, but we all have one thing in common: none of us can take our estates with us when we die. When that does eventually happen, you will need legal instructions that state who gets what from your estate in plain terms.That, in a nutshell, is estate planning building a framework in advance that names the organizations or people that should receive your assets after you die. Planning your estate now helps make life much easier for your family down the line.

Estate Planning Lawyer Kiawah Island, SC
A good estate plan covers more than fiscal assets, however. A comprehensive
estate plan should include the following:
  • If you have children who are minors, instructions as to who will be their guardian when you die.
  • Long-term care insurance if you suffer from an extended injury or illness.
  • Instructions that dictate what happens to you and your financial affairs if you become incapacitated before death.
  • Instructions on the transfer of your business after retirement, incapacity, disability, or death.
  • Instructions on how to provide for loved ones who might need help managing money or who need protection from creditors.
  • Probate and tax avoidance that help minimize court fees, taxes, and legal fees.
  • Planning Medicaid payments.
  • Instructions that help complete or update beneficiary designations.
  • Assist family members who have special needs without disqualifying them from government benefits.

Contrary to popular belief, estate planning isn't just for adults who are approaching retirement age. Estate planning is for everyone. After all, we're all getting older, and none of us know exactly when it will be our time to go.

The Basics of Estate Planning
in Kiawah Island, SC

Although estate planning can be complicated, a well-rounded plan makes a huge difference in what is left to your beneficiaries. Before you start planning your estate, it's important to know a few common topics that may arise as you detail your needs.

1.

Working with a Tax Advisor and Estate Planning
Attorney in Kiawah Island, SC

Working with a veteran estate planning lawyer is a no-brainer, but you should consider working with a tax advisor too. Your attorney's role is to help guide you through the creation of your estate planning documents. Common documents include your will, health care directives, and power of attorney. Your tax advisor will help guide you through tax issues associated with your estate planning needs.

In this relationship, you make the decisions while your attorney and tax advisor help you understand and think through the options you're considering. As a team, they will help you state your wishes clearly while minimizing mistakes and adjusting your plans as they change. Because significant savings can result from thorough, informed planning, you should seriously consider working with a tax advisor in addition to your estate planning attorney.

Law Firm Kiawah Island, SC
2.

Maximizing
Your Estate

If there were one overriding theme of estate planning, it would be maximizing what you plan to leave behind. Thinking through how each of your assets will be distributed is crucial to your estate. Your decisions may change depending on the type of asset, its size, how old you are, and several other factors. With an attorney on your side, you will gain a thorough understanding of what actions you should take to care for your family while minimizing expenses like taxes and court fees.

Estate Planning Law Kiawah Island, SC
3.

Inheritance, Estate,
and Gift Taxes

One of the biggest parts of maximizing what you're leaving behind is to minimize taxes. Federal taxes on estates and gifts are incredibly high. Both forms of taxes usually have exemption limits, which means you can give up to a specific amount without being taxed. Your lawyer can achieve that by using the gift tax exemption to move assets while you are still alive. This strategy maximizes how much your beneficiaries will receive.

Inheritance taxes are often based on the value of your estate and paid prior to asset distribution to your beneficiaries.

Estate Planning Attorney Kiawah Island, SC

Choosing the Executor of Your Will

The executor of your estate plays a key role in your affairs. Their responsibilities include carrying out the terms of your will and seeing the estate settlement process through until the end. Obviously, such a role demands a qualified person. Choosing your executor isn't an easy decision. The person you select should be great at managing money, be savvy financially, and show an ability to be patient. That's because the executor is tasked with:

  • Collecting Your Assets
  • Paying Outstanding Bills
  • Submitting Tax Returns
  • Petitioning the Court for Documents
  • Distributing Assets to Your Beneficiaries

If the person that you choose as executor is inexperienced with the estate settlement process, it is recommended that they lean on an estate planning attorney in Kiawah Island, SC for guidance. It should be noted that you may appoint more than a single executor to your estate. This is common when two individuals have complementary personalities or skill sets.

The Benefits of Estate Planning
in Kiawah Island, SC

One of the biggest benefits of planning your estate is the peace of mind it brings to you and your family. With the help of our expert estate planning attorneys, you have the power to protect your assets, privacy, and children's welfare. You can also potentially save money on taxes or even avoid probate. By having your wishes legally documented before death or incapacity, you can minimize any impact on your beneficiaries and take control of your legacy. Without a comprehensive estate plan, you're leaving the future of your loved ones in the hands of the South Carolina court system.

With an estate plan in place, you can plan for incapacity by using a power of attorney or advanced medical directives. Doing so relieves your loved ones of the burden of asking the court for the authority to fulfill your wishes.

At Cobb Hammett Law Firm, we are committed to helping you prepare for both the expected and unexpected through years of experience and a fierce dedication to our clients. From establishing trusts to designing business succession plans, we are here to fight for you.

At Cobb Hammett we offer a "Will Package" that includes 4 necessary documents.

If a husband and wife each purchase reciprocating will packages we give a discount. Reciprocating just means the husband names the wife and the wife names the husband. Those four documents are:

  • Last will and testament
  • Healthcare power of attorney
  • Durable power of attorney
  • living will

Common Documents Included
in Your Estate Plan

As mentioned above, everyone's estate planning needs will be different. However, most plans include one or more of the following documents:

1.

Will

Your will is an essential piece of documentation and is often considered the cornerstone of a proper estate plan. Generally speaking, your will is a document that dictates the distribution of your assets after your death. Having an iron-clad will is one of the best ways to make sure that your wishes are communicated clearly. As is the case with most estate planning, it is highly recommended that you work with an estate planning attorney in Kiawah Island, SC, to create and update your will.

The contents of a will typically include:

  • Designation of the executor, who is responsible for adhering to the provisions of your will.
  • Designation of beneficiaries the people who will be inheriting your assets
  • Instructions that dictate how and when your beneficiaries will receive assets.
  • Instructions that assign guardianship for any minor children.

Without a will in place, the State of South Carolina will decide how to distribute assets to your beneficiaries. Allowing the state to distribute your assets is often an unfavorable route to take, since the settlement process may not include what you had in mind for your survivors. Having a will drafted that reflects your wishes will prevent such a situation from happening.

Estate Planning Lawyer Kiawah Island, SC
2.

Living Will

Despite its name, a living will does not instruct your survivors on what assets go where. Also called an advanced directive, your living will allows you to state your end-of-life medical wishes if you have become unable to communicate. This important document provides guidance to family members and doctors and solidifies certain issues like whether you should be resuscitated after an accident.

For example, it's common to direct that palliative care (care to decrease pain and suffering) always be administered if needed. Conversely, you may state that certain measures are not allowed, like CPR.

Law Firm Kiawah Island, SC
3.

Trusts

Traditionally, a trust is used to minimize estate taxes and maximize other benefits as part of a well-rounded estate plan. This fiduciary agreement lets a trustee hold your assets on behalf of your beneficiaries. There are many ways to arrange a trust to specify when and how your assets are distributed.

With a trust in place, your beneficiaries can avoid going to probate. That means they may be able to gain access to your assets quicker than when they are transferred with a standard will. Assets placed in a trust can pass outside of probate, which will save you and your family time, money, and stress.

There are two distinct trust categories that you should be aware of: revocable and irrevocable.

Estate Planning Law Kiawah Island, SC

Revocable Trust:

Also called a living trust, a revocable trust helps assets circumvent probate. With this trust, you can control your assets while you are still alive. These trusts are flexible and may be dissolved at any point in time. This type of trust becomes irrevocable upon your death. Revocable trusts can help you avoid the pitfalls of probate but be aware that they are usually still taxable.

Irrevocable Trust:

This kind of trust transfers assets out of your estate so that they are not taxed and do not have to go through probate. However, once an irrevocable trust has been executed, it may not be altered. That means that once you establish this kind of trust, you lose control of its assets and cannot dissolve the trust. If your primary goal is to avoid taxes on your estate, setting up an irrevocable could be a wise choice.

When drafted with the help of an estate planning lawyer in Kiawah Island, SC, your trust can also:

Protect Your Legacy:

When constructed properly, a trust can protect your estate from your heirs' creditors. This can be a huge relief for beneficiaries who might need to brush up on money management skills.

Privacy and Probate:

Probate records are made available for public consumption. With a trust, you may have the choice of having your assets pass outside of probate court so that they remain private. In the process, you may also save money that you would lose to taxes and court fees.

Control Wealth:

Because you can specify the exact terms of a trust, you have more control over who receives your assets and when they receive them. As an example, you can set up a revocable trust so that your assets are attainable while you're alive. When you pass, remaining assets are distributed, even in complex situations involving children from multiple marriages.

The Top Estate Planning Law Firm in the Lowcountry

If you know that you need to provide for your family and loved ones after your death, it's time to develop your estate plan. With Cobb Hammett Law Firm by your side, planning your estate doesn't have to be difficult. However, it does need to be accurate and executed exactly to your wishes something that we have been helping clients achieve for years. Don't leave your legacy up to chance contact our office today and secure your future generations.

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Latest News in Kiawah Island, SC

S.C. Lawmakers Raise Questions About Kiawah Island Litigation Settlement

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 ...

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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10 Best Islands to Visit in the South for Beautiful Beaches, Charming Towns, and Coastal Views

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...

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.

Settlement to protect Captain Sams Spit reached after years of legal wrangling

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 Assoc...

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.”

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Estate Planning Attorney Kiawah Island, SC
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