Pawleys Island
Town takes first step toward acquiring three easements for beach project
The town of Pawleys Island is moving forward with plans to obtain easements from three beachfront property owners for a federal beach renourishment project. Town Council recently approved a contract to get the three lots on Springs Avenue appraised.
The appraisals are required if the town goes to court to condemn the easements that the Army Corps of Engineers says are required for a project to place offshore sand on the island’s south end to replace sand that was lost to Hurricane Ian in 2022.
The property owners successfully challenged a condemnation in court in 2020. The easements, which were provided by 110 other property owners, were not required for a renourishment project completed earlier that year because it was funded by the town and the state.
The town later entered into an agreement with the Corps to fund sand fencing and dune vegetation in the project area. That allowed federal funds to be used to repair storm damage to the beach and for future renourishment.
Following Hurricane Ian, the Corps received funds to place up to 200,000 cubic yards of sand on the south end at an estimated cost of $14 million. Corps officials told the town they could not do the work without the three easements.
A Circuit Court judge ruled that the condemnation in 2020 failed to follow state law.
“Under the mandatory procedure, one of the things which must be done before serving the condemnation notice is to provide the landowner an accurate appraisal of the interest in property the condemnor is seeking,” Judge Michael Nettles said in ruling for the property owners. “Another is to engage in a period of good faith negotiation with respect to the appraisal.”
The law requires that the town offer the amount of the appraisal. In 2020, the appraisal found that granting the easement would increase the value of the property through the renourishment.
But the judge also ruled that the easement described in the condemnation notice wasn’t the same as the one the Town Council approved in a resolution. It was “materially greater in scope,” the judge noted.
The town is also considering a change to its unified development ordinance that would allow the administrator to approve the subdivision of property if it is conveyed to the town or an easement is granted for “public use or purpose.”
Administrator Dan Newquist told the Planning Commission that the change is for “beach management work.” It was drafted by the attorney who is helping the town with the easements.
The commission recommended approval if subdivisions were limited to property “conservation preservation” zoning districts.
Town Council last week deferred a vote after a discussion in executive session with the attorney, Will Dillard. Council members said they needed more information.
