Van Buren County Commission deadlocks over disputed Barry Austin property; lien left unresolved

The Van Buren County Commission met in a special called session on April 30, 2026, and failed to reach a decision on a disputed parcel owned by Barry Austin, repeatedly tying on motions that would either accept a cash offer, split acreage, or send the matter to court.

Commissioner Terry Hodges proposed conveying roughly 2.9 acres that contain the slaughterhouse and storage units back to Austin and charging roughly half the appraised amount — about $12,523 — citing that Austin had paid taxes on the land. "We all know the deed isn’t right," Hodges said, urging a corrective deed and resolution by the commission.

The commission considered three principal options during the meeting: (1) send the dispute to litigation, (2) accept Mr. Austin’s previously offered payment of $24,126 and provide a deed of correction and release of the lien, and (3) convey the smaller improved acreage to Austin for a reduced payment (Hodges’ split-acreage proposal). Commissioner Michael Woodlee argued that Austin had built a business, paid more than $14,000 in property taxes and deserved a clear resolution. "We’re setting a horrible example for future businesses in Van Buren County," Woodlee said.

County Attorney Howard Upchurch advised the commission on parcel assessments, distinguishing a 2.22-acre portion that contains the primary improvements from a larger 7.58-acre portion assessed with no improvements, a point that framed the debate over how much land should be transferred and at what price.

Commissioner Jordan Delong read minutes from an August 15, 2020 meeting showing that the commission previously voted to allow Austin and an associate to use 1.5 acres for construction and that a subsequent motion had added a 7.5-acre parcel to the contract, a historical record Delong cited to argue the larger parcel had been considered in earlier actions.

Multiple formal motions were made and voted on: Hodges’ initial motion to litigate failed on a 5-5 split; a motion by Michael Woodlee to accept $24,126 and provide a deed correction and lien release also failed on a 5-5 split; Hodges’ amended motion to convey the improved acreage for roughly $12,523 was recorded as passing 6-4 on roll call but Commissioner Terry Hickey changed his vote to no, producing a 5-5 tie and causing the motion to fail; a subsequent motion to accept the $24,126 offer again failed 5-5. The full roll calls and vote changes were recorded in the minutes.

Chairman Cale Crain asked for other motions after the failed votes but, with no majority reached on any option, the commission adjourned at 7:21 p.m. on a separate motion that passed 6-4. The commission left the legal status of the parcels and the related lien unresolved at adjournment.

The meeting record notes that the commission had entered an executive session earlier in the evening to consult with the county attorney before resuming public votes. The minutes do not specify next procedural steps or a timeline for further action; the matter may proceed through litigation if a commissioner brings that motion again or if county staff pursue legal remedies outside the commission’s actions.