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Property deed dispute brought to Van Buren County Commission; commissioners defer action pending county counsel
Summary
Barry Austin presented a dispute about a deed and release of lien for property he occupies; the commission heard competing accounts about whether a deed or a contract was ever approved and agreed to postpone action until the county attorney or other counsel can attend.
Barry Austin told the Van Buren County Commission he had been told a release of lien could be prepared and that, if he sold a portion of the property, he would pay $24,800 or similar amounts described in the deed. Austin said he has held the property for more than five years and said the written record supports his position.
"If I should sell a portion or a partial of that piece of property, I'll pay you $24,800," Austin said, describing the discussion he had with county representatives. He also said another figure — $51,700 — appears in the recorded deed and that he has been operating under the deed for the past five years.
Commission members questioned where the record and approvals stood. An agency official advising the meeting said the commission would need to discuss any offer and that it would require a commission decision and legal review. "If we cannot come up with some type of resolution this evening, which it does not sound like we can, I think that you should go back to your attorney and...we can have discussions," the official said.
County commissioners and staff agreed the matter should be deferred until the county attorney who handled prior documents (Mister Upchurch) can be present to clarify whether a deed, contract, or a vote was ever finalized. The commission took no formal action on the property tonight and directed that the parties consult counsel and return with documentation for committee review.
Speakers during the exchange referenced minutes and prior committee discussions dating to 2020. Commissioners emphasized they lacked the records or counsel needed to resolve the differing accounts during the meeting and recommended follow-up with the county attorney and the parties’ attorneys before any vote.
