The Harry B. Stokes Veterans of Foreign Wars Post No. 4501 has officially responded to the City of Batesville’s condemnation complaint, filed on May 31, 2024, in Independence County Circuit Court.
On May 1, the Batesville City Council approved a motion to begin the condemnation process after the VFW, through its attorney, rejected an $800,000 offer by the city for the property. The Chaney Drive property, where the VFW has been located since 1956, is designated for the city’s new Riverside Park upgrade as part of the Building a Better Batesville initiative. In August of 2023, Batesville voters approved the extension of a half-cent sales tax for the expansion and improvement of the park.
The complaint states that the city has “…the power of eminent domain to enter upon, take, and condemn private property for lawful purposes.” According to the complaint, a check from the city for $610,000 was deposited into the circuit court registry and could be distributed to the VFW after the ownership transfer. The $610,000 amount is based on an April 2, 2024, appraisal of the property prepared by RGB Appraisals of Cabot for Batesville City Attorney Timothy Meitzen.
Along with the condemnation complaint, the city also filed a motion for an order of immediate possession. The motion included an affidavit from Mayor Rick Elumbaugh stating the city needed access to the property for demolition in mid-to-late summer, with dirt work scheduled for the fall.
In the VFW’s answer to the condemnation motion filed by attorney Blair Arnold on June 11, the VFW alleged the fair market value of the property is “greatly in excess of $610,000” and that the VFW will suffer special damages, incurring costs of moving property, transferring its license with the Arkansas Alcoholic Beverage Control, attorney fees, and appraisal fees.
Arnold’s filing also noted there was no need for the city to take possession of the property “…until sometime in the future as they are nowhere near ready to begin construction.” The answer, which requests a jury trial, alleged the VFW is entitled to any possible interest between the $610,000 amount and a potential final judgment.
A hearing on the matter has been requested as soon as possible, according to the case file.
An earlier version of this article stated the VFW had been located on Chaney Drive since 1982. According to the VFW, the organization has been at its Chaney Drive location since 1956.
Have a news tip or event to promote? Email White River Now at news@whiterivernow.com. Be sure to like and follow us on Facebook and Twitter. And don’t forget to download the White River Now mobile app from the Google Play Store or the Apple App Store.
Get up-to-date local and regional news/weather every weekday morning and afternoon from the First Community Bank Newsroom on Arkansas 103.3 KWOZ. White River Now updates are also aired weekday mornings on 93 KZLE, Outlaw 106.5, and Your FM 99.5.
