JAMES ISLAND, S.C.—Can a town use eminent domain to take a small developer’s land simply because they don’t want anything built there? That’s the question raised by a lawsuit filed by Kyle Taylor, who seeks to prevent the town of James Island, South Carolina, from taking his property. For years Kyle has been trying to develop a piece of property in his hometown. But an organized campaign of anti-development activists working with the local government has tried to stop him at every step of the way. After overcoming numerous roadblocks thrown at him in an attempt to make Kyle end his project, the town has chosen to use the power of eminent domain to take his land. The Institute for Justice (IJ) now is joining with Kyle to protect his constitutional rights and keep his property. 

James Island says it wants to take the land for a park—not because the town was planning for a park, but because that appears to be the only way to stop Kyle. This extreme tactic is becoming increasingly popular for local governments that want to prevent legal development of property. To protect his rights to keep his property, Kyle is fighting back with a lawsuit against James Island in state court.  

“Kyle has every right to develop his property under the law,” said IJ Senior Attorney Jeffrey Redfern. “The town has decided they don’t want him to build, and after exhausting all other measures has decided to take his property. That is unfair, unconstitutional, and represents a threat to small businesses and property owners nationwide.” 

In 2022, Kyle began the process of purchasing a 1.2-acre wooded tract of land to build 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 on 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.   

Kyle spent over $100,000 working with the planning commission to address comments from the town regarding 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 with each hurdle cleared, the activists and the town would raise a new objection. Eventually, when it became clear Kyle wouldn’t halt his development plans, the town said they would take his property for eminent domain and turn it into a park.  

The U.S. Constitution requires that eminent domain only be used for a true public use, but it is apparent that James Island’s attempt to take the land for a park is just a convenient excuse. The town had 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. 

“As a native James Islander who grew up here and then decided to stay for college, I have a deep respect for the area,” said Kyle. “That’s why it pains me even more to see the town violate my rights.”

“This isn’t about a park. This is about the town not wanting Kyle to build there,” added IJ Attorney An Altik. “If you follow the law, you should be allowed to develop on the property you own.” 

The Institute for Justice (IJ) is a nonprofit, public interest law firm that defends property nationwide. IJ represented Susette Kelo and other homeowners in New London, Connecticut, to save their homes from being demolished due to abuse of eminent domain in the now infamous case of Kelo v. New London. Following Kelo, and largely due to IJ’s efforts, 47 states have strengthened their protections against eminent domain abuse, either through legislation or state supreme court decisions. In addition to litigating the Kelo case, IJ is also currently battling against eminent domain in Sparta, GA, Freeport, TX, Ocean Springs, MS, and Brentwood, MO. 

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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at [email protected] or (850) 376-4110. More information on the case is available at:  https://ij.org/case/james-island-eminent-domain/