By LESLIE R. KENT | arkadelphian.com
A dispute over the ownership, control and value of a 1.69-acre parcel of land needed for a new bridge over the Caddo River at Caddo Valley will apparently be settled in a Clark County courtroom sometime in 2024.
The new bridge will be built just west of the existing bridge, which will be demolished. The strip of land runs from the river on the south along the west side of Highway 7 between the highway and the Caddo Valley Flea Market, and will take in part of the east end of the flea market building.
The Caddo Valley City Council was updated this week on the city’s efforts to intervene in the eminent domain action. The Arkansas Department of Transportation lawsuit was filed against the current and past owners of the Caddo Valley Flea Market, which included 9.82 acres surrounding the business.
In early November, after negotiations failed between ARDOT, the City of Caddo Valley and the current landowners, ARDOT used its power of eminent domain to take ownership and control of the parcel from the owners, Cassie and Justin Gonzales.
At that time ARDOT deposited what it considered fair compensation of $461,700 with the Clark County Circuit Court. The 1.69-acre parcel in question was originally part of 9.8 acres around and including the Caddo Valley Flea Market, which Cassie Gonzales bought for $650,000 in November 2022.
Justin Gonzales represents District 98, which includes part of Clark County, in the Arkansas House of Representatives.
The Gonzaleses were ordered to immediately surrender possession of the parcel to ARDOT in an order issued on Nov. 20 by Circuit Judge Blake Batson, who found that ARDOT had followed all applicable state laws.
The City of Caddo Valley’s interest in the land dates to 2015, when the city built a concrete boat ramp on the river that was accessible from the Flea Market parking lot. The boat ramp was to give the city fire department’s water rescue team faster access to the river. Apparently the city leaders at that time were satisfied to have verbal permission from Alan Shaw to build the ramp; Shaw owned the property in 2015 via the Shaw Family Limited Partnership. Although Shaw died in 2019 the Shaw Family Limited Partnership owned the land until it was purchased by Cassie Gonzales in 2022.
Part of ARDOT’s early planning for the bridge was getting appraisals on the property. ARDOT was informed by the city of its ownership claim and financial interest in the boat ramp, which the city will need to rebuild on a new site. According to the city’s legal pleadings ARDOT’s appraisal valued the boat ramp and the land associated with it at $225,000. That amount would have been paid to the city if the Gonzaleses had accepted ARDOT’s original offer, which was likely more than the $461,700 offered in the condemnation proceedings.
The foundation of the defendant’s countersuit is the lack of any legal documents granting any rights to the City of Caddo Valley. The city does not dispute the lack of any written agreements and is basing claim to the land on seven years of open, uncontested use of the land which the city believes qualifies as adverse possession. The defendants claim there was nothing adverse about the city’s use of the land since it was used the entire time with the owner’s permission.
The city claims that, when the Gonzaleses purchased the property, they were ‘on notice’ that Caddo Valley had exclusive use and ownership of the boat ramp. Shortly after that, according to the city’s claims, Justin Gonzales cut the chain on the access gate to gain entry. The cut chain was noticed and reported by a Caddo Valley police officer who was instructed to re-secure the gate but found it cut again the next day. This apparently happened several more times and eventually led to a meeting between Mayor Joe Jackson and Justin Gonzales in which the two agreed to stop the shenanigans and let the court make a decision. Currently the gate to the boat ramp is secured with a chain and two locks, one belonging to the city and one belonging to Gonzales.
As it stands now, ARDOT has legal possession of the land it needs for the bridge. The defendants have requested a jury trial to determine a fair price for the land and are asking that Caddo Valley be denied any payment. Caddo Valley is requesting to be paid the $225,000 valuation determined by ARDOT from any amount the court awards.