Imagine a developer who thoughtfully deliberates about what type of business would be best suited for an area. He meets with residents to address their concerns. He painstakingly implements every suggestion, even if he doesn’t have to. Most towns would welcome such a developer with open arms. That’s not what happened to Kyle Taylor. The Town Council of James Island, South Carolina, doesn’t want Kyle to develop his land at all, so the council decided to just take Kyle’s property away from him using eminent domain. The council says they took the land to build a “park,” but that’s a ruse. They want to unconstitutionally stop Kyle from developing his own property.
Kyle is a native James Islander who only wants to use his civil engineering skills to develop thoughtful properties in his hometown. Consistent with the nature of small towns, he is acquainted with most of the residents and regularly works with them to ensure he takes their needs into account—a quality in a developer that most towns can only dream of. His projects are designed to blend in and enhance the surrounding neighborhoods. He initially wanted to build mixed-use, residential and commercial properties. After the town nixed that idea, he pivoted to something that would have minimal impact and was clearly allowed under the zoning code—a storage facility. The town wasn’t willing to allow that either.
The town tried to interfere with the sale of land to Kyle. But once their efforts failed, the town realized they only had one tool left to deny Kyle the right to develop his own property. The town resorted to the extreme tactic of authorizing eminent domain, claiming that they needed the land for a park. But without any previous discussion of a park, funds for a park, or plans for a park, it is clear that the park is just a pretext for stopping Kyle from lawfully developing his property, a blatant constitutional violation.
Kyle has teamed up with the Institute for Justice in his lawsuit filed in South Carolina state court to challenge the town’s unlawful attempt at taking his property.
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Developing at Home With KT Properties
Kyle Taylor was born and raised in James Island, South Carolina. After earning his degree in civil engineering, he wanted to return home and use his skills to improve his community by developing local properties for the benefit of all James Islanders. Kyle founded KT Properties, which develops both retail and residential properties.
Kyle’s love for his hometown shows in his work—he doesn’t look for the easiest or fastest projects. He works with his fellow residents to identify needs, listen to concerns they may have, and makes sure every development fits within the community.
A New Project
In 2022, Kyle began the process of purchasing a 1.2-acre wooded tract of land for his next project. The narrow sliver of land is on the border between homes and businesses, and Kyle envisioned developing a mixed residential and commercial property in this ideal location. The land is completely fenced off and surrounded by various other pieces of land undergoing construction.
Kyle followed every required building step to a T and filled out a rezoning application. His project was agreed to by town planning staff, and the Planning Commission unanimously recommended approval. The Town Council, however, rejected the Commission’s recommendation and denied the rezoning application, in response to a campaign by local residents who oppose development in James Island. With his original plan now denied, Kyle decided to develop the property into something that it was already zoned for: a self-storage facility. This type of structure was already approved by the Town Council, so Kyle believed that he could proceed without interference. Kyle even took the extra step of creating a design that would fit in with the town’s aesthetic to cut down on any potential complaints, adding features that would have it blend in with other buildings.
Town Caves to Anti-Development Campaign
Kyle had a clear legal right to build on his property, but he still wanted to make sure the process was smooth. After all, Kyle had grown up in James Island. These were his neighbors, and he cared about his community. So he made sure to work with the town at every step and took numerous meetings with the anti-development activists to address their concerns.
Kyle spent over $100,000 working with the planning commission to address comments from the town about potential problems. He hired a consultant to determine which trees on the property were healthy and could be preserved, modifying his plans to accommodate them. He followed up on every suggestion from the planning committee regarding design and architectural defects.
But none of this was good enough for the anti-development activists. Every time Kyle would respond to a concern, a new one would pop up. The concerns became more numerous and demanding until it became clear the only thing that would appease them would be no development at all. And while Kyle was acting in good faith, the activists continued their efforts to influence the mayor and council members to not only deny his permit, but to try to cancel the sale of the property entirely and prevent all development. When the sale still eventually went through, the town resorted to their ultimate tool to stop him from building—taking his property through eminent domain.
The town served Kyle with a condemnation notice in May 2024, claiming that they would be taking his land to create a “public park.”
Park or Pretext? James Island Abuses Eminent Domain
The condemnation notice was the first time Kyle heard anything about the land becoming a park. In fact, it was the first time anyone heard anything about the land becoming a park. That’s because the proposed “park” was just a pretext for stopping Kyle from building on his own land.
Proper park planning is a long-term process. Government officials, in consultation with the public, typically consider various sites, set aside funds, and engage in a detailed design process. It can take years. James Island did no such planning. The town never designated Kyle’s land as “Institutional/Special Purpose,” which can be used for recreation. The town never designated Kyle’s land as a “Community Facility,” which includes Parks and Recreation Services. And when given the chance, the town did not express interest or try to purchase Kyle’s land when it was listed for sale three separate times before Kyle bought it. The town has no budget to acquire Kyle’s land, design the park, or build the park and the town had no design, drawing, or plan of the park when they sent Kyle the condemnation notice. In fact, the town’s purported “plan” was nothing more than a pencil sketch that was created after they already decided to pursue eminent domain. The town refused to turn this sketch over when asked—forcing Kyle to submit a formal request to view the government document. A casual glance would also reveal the land itself is ill suited to be a park. The area is long and narrow, and wedged in between housing and a strip mall, making pedestrian access difficult.
Eminent domain, already a contentious subject, is supposed to only be used for a public use. But in the case of Kyle’s property, the government of James Island is not using eminent domain because it genuinely wants to turn Kyle’s property into a park. They’re using eminent domain because they are tired of dealing with him, and this allows them to keep the land the way it is—a skinny strip of land, fenced-in and forested, near a busy road with no sidewalk.
Legal Claims
The town’s use of eminent domain to stop Kyle from lawfully using his own property violates the U.S. Constitution. The Public Use Clause of the Fifth Amendment requires that James Island’s asserted public use for taking Kyle’s land is the actual reason the town is taking the property. The town’s attempt to justify its use of eminent domain by taking the land for a park is mere pretext. Courts around the country have rejected similar attempts to use eminent domain as a sort of “stealth-zoning” tool.1 The town’s complete lack of a plan for a park viewed in light of the town’s sudden change from full support to condemnation—after public outcry from politically connected individuals—makes it clear that the town is not really using eminent domain for a public use. Instead, James Island is using eminent domain only to stop Kyle from building on the land he bought with his hard-earned money. That is an unconstitutional abuse of eminent domain.
The Litigation Team
This case is being litigated by IJ Senior Attorney Jeff Redfern and IJ Litigation Fellow An Altik.
About the Institute for Justice
The Institute for Justice is the nation’s leading defender of property rights and has led the fight against eminent domain abuse for decades. In addition to litigating the landmark Kelo case, IJ has defended the property of beloved Atlantic City piano tuner Charlie Birnbaum and is battling against eminent domain right now in Sparta, GA, Freeport, TX, Ocean Springs, MS, and Brentwood, MO.
