Tussle over Land Use in James Island Escalates

Tussle over Land Use in James Island Escalates

In James Island, South Carolina, a feud is unfolding over less than two acres of land situated off Dills Bluff Road. The bone of contention is a lawsuit and a land condemnation filing. The Town of James Island is invoking its authority to take over the 1.267 acres property by deploying its right to eminent domain, intending to provide compensation to the landowner before transforming the parcel for public use.

On the other side of the tussle is KT Properties, the property developer who acquired the land in 2023. The firm contends that the town’s actions amount to bad faith and fraudulent interference with its business operations. Background checks indicate that the landowners in 1998 were a former version of the Town of James Island. Over time, stewardship passed to the James Island Public Service District, which has put the property on sale multiple times since 2021. Currently, KT Properties are set to own the disputed land and an additional roughly five acres close by, as per a purchase contract dated March 1, 2023.

Town’s Plan on the Land

The Town’s plan is to take over about one acre of the land, convert it into a public park, and designate it as an open space. The town relied on the state’s eminent domain law enacted in 1976 to realize this agenda. The officials affirm that they attempted to negotiate a resolution prior to filing for eminent domain. The land, as per the town’s assessment, is valued at $600,000, an amount that would be handed to the owner.

KT Properties’ Lawsuit Claims

However, KT Properties, in their lawsuit, argue that the town’s utilization of the law is to cause business harm cloaked in bad faith. Consequently, the firm suggests that the terrain – designated as a Community Commercial zone under the town’s Comprehensive Plan – is meant to host diverse retail and service uses that serve the residential population of the Island without causing negative impacts on the surrounding community. The Comprehensive Plan was initialized in 2015 and reviewed in 2021.

The developer outlines another relevant detail in their lawsuit that the Comprehensive Plan incorporates an “Institutional/Special Purpose” land category including anticipated use of recreation and town community space. However, the town overlooked this designation for the property and maintained its status as a community commercial during its adoption and review. Moreover, the document was silent on the designated property being a potential site for a public park.

KT further states that since 2021 when the land was put up for sale, the town did not show interest, authorize funds, or attempt to secure the property. The lawsuit alleges that the town rejected KT’s proposed zoning application in October 2023 due to pressure from a well-orchestrated opposition by nearby residents, despite receiving support from the planning staff and the Town’s Planning Commission. The firm holds that it revised the development plans to comply with the Community Commercial Zoning and hosted community meetings. However, the firm notes the town had no concrete plans like park blueprints for the piece of land.

Reaction from James Island Mayor

Mayor Brook Lyon of James Island rebuffed the allegations, stating that the town’s intent to acquire the parcel is based on the need for public green space. He expressed hope that the parties would accept the fair-market appraised value of $600,000 and allow the residents to proceed with the green-space preservation plan.

KT Properties declined to provide statements beyond the assertions in the lawsuit but acknowledged the recent official sale of the parcel, which shifted the James Island Public Service from being a party in the case despite earlier involvement. They highlighted a four-year-old appraisal by the Public Service District valuing the property at $775,000.