The Harry B. Stokes Veterans of Foreign Wars Post No. 4501 has responded to the City of Batesville’s motion for the immediate possession of its property at 1680 Chaney Drive.
On May 1, the Batesville City Council approved a motion to begin the condemnation process after the VFW, through its attorney, rejected the city’s $800,000 offer for the property. On May 31, the city filed the condemnation motion and a motion for immediate possession.
The Chaney Drive property has been designated for the city’s new Riverside Park upgrade as part of the Building a Better Batesville initiative. In August 2023, Batesville voters approved the extension of a half-cent sales tax for the expansion and improvement of the park.
According to the condemnation 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.
The city’s motion for an order of immediate possession 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.
On June 26, Blair Arnold, the VFW’s attorney, filed the organization’s response to the possession motion, stating that the $610,000 offered by the city is “vastly inadequate.” Additionally, the VFW argued that it should be able to stay at its present location until the end of the year or until an adequate alternate facility can be purchased and renovated, whichever comes first.
In its response, the VFW included a May 13, 2024, appraisal by MAC Valuation Group in Little Rock that valued the property at $1,133,000. The VFW’s response asks that “more funds should be required” by the city in addition to the $610,000 deposit.
The motion also alleged that there are no detailed plans from the city for the Riverside Park revitalization as of yet; that the contractor’s guaranteed maximum price is not due until October; and that since the project can be done in stages, a provision could be made for the VFW to remain until a suitable location is found.
In the VFW’s answer to the condemnation motion filed by Arnold on June 11, the VFW alleged that the fair market value of the property is “greatly in excess of $610,000” and that the VFW will incur special damages, including moving costs, transferring its license with the Arkansas Alcoholic Beverage Control, attorney fees, and appraisal fees.
The filing also noted that 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 that 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.
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