Condemnation Lawsuits Winding Down

One Suit Left For City To Settle

By Steve Caraway

Posted: November 11, 2009 at 4:33 a.m.

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SPRINGDALE — The end of condemnation lawsuits from Springdale’s street program rolled into sight Tuesday.

Only one condemnation case remains after the City Council voted to accept a settlement for property acquired on Don Tyson Parkway. The remaining case, against Rande and Alice Walker, concerns property along Wagon Wheel Road, said Ernest Cate, chief deputy city attorney.

The city, since construction began in 1999 for the widening of Huntsville Avenue west of Thompson Street, acquired 105 parcels of land by condemnation for its construction projects, according to a report prepared by the city attorney’s office. The condemnations came out of the acquisition of 974 tracts of land for road construction, drainage projects and expansion of the airport.

The city files an eminent domain condemnation lawsuit only if the city and the property owner can not reach an agreement on the price of the tract, Cate said.

“It’s a delicate balance between being good stewards of the taxpayers’ money and being fair to our citizens,” Cate said.

The $105 million street bond program topped the list of projects with the purchase of 551 tracts of land, stated the report. The program included the construction of three east-west corridors through the city and improvements on other streets.

“The street bond program was, by far, the largest we’ve had in my 23 years with the city,” said City Attorney Jeff Harper.

The city’s capital improvement program funded 11 projects, which required the purchase of 423 tracts of land. The acquisition required condemnation in 59 cases, stated the report.

All the condemnation required most of Cate’s attention, but the city did not pay one dime for outside attorneys, Harper said.

Settlements outside of court have been reached in 100 of the cases, with seven going to a jury trial and one to a bench trial with one case remaining, stated the report.

Tuesday’s agreement settled the last suit connected to the creation of the Tyson Parkway. The widening of Shady Grove Road and its conversion to the parkway allegedly caused increased flooding of property belonging to Jeremy Parker.

The settlement of $103,490 spilt the difference between the offer of the city and the counteroffer from Parker.

“Splitting the difference is what juries have done most of the time,” Cate said.

The largest award by a jury was $2.6 million to Triple-T Foods for the old ice plant on Huntsville Avenue, Cate said.

AT A GLANCE

Springdale City Council

Officials on Tuesday:

Revoked the business license for Rio Bravo Discotheque

Approved closing Emma Avenue from 8:30 a.m. to 5:30 p.m. Dec. 5 for the Downtown Christmas in Springdale event

Approved a conditional-use permit at 1006 Marylyn by Cassie Stout for a day care center in a medium density multifamily residential zone

Approved the annual action plan for the Community Development Block Grant program

Authorized a cleanup lien for property at 1151 N. West End

Approved hiring a caretaker at the animal shelter.

Source: Staff Reports

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