Judge approves annexation petition

If approved by council, additional lands will be coming into Gravette

Wednesday, August 15, 2012

— Another bit of Benton County is awaiting annexation into the growing city of Gravette.

Bob Clinard, Benton County judge, on Aug. 6, approved a petition from two property owners seeking to have their land along the proposed Bella Vista bypass annexed into Gravette.

Cynthia D. Hingle and Donald Puryear petitioned the county for permission to ask for their property, about 138 acres of land altogether, to be annexed into Gravette. Annexation petitions in Arkansas are heard by county judges in county courts, with the decision subject to appeal to the circuit court in the county.

Earlier this year, Clinard approved the annexation of a large part of land surrounding the Hiwasse community into Gravette. Residents of the area sought annexation by Gravette to forestall a proposed annexation by Bella Vista. The Bella Vista City Council approved a ballot measure to annex the land but withdrew the plan after Gravette annexed the area.

Clinard denied a subsequent annexation request, citing the “Vestal Factors” laid down in state law regarding annexations. Property that is agricultural in nature, with that being its best and highest use, should not generally be annexed into cities.

The property at issue in Monday’s hearing lies along the planned route for the Bella Vista bypass, according to Jay B. Williams, a Gentry attorney retained by a petitioner. Williams said the route cuts the Puryear property “squarely in two” and cuts along one side of the Hingle property. Plans for the bypass show the northernmost of three interchanges would be on the Puryear and Hingle properties, Williams said.

With those highway plans in place, and with construction of the bypass under way, Williams said, Puryear already has listed his property for sale as commercial and the Hingles are planning to do the same.

“They’re moving dirt out thereright now,” Williams said. “The Hingles and the Puryears now believe this is no longer farm property.”

Clinard quizzed Williams on how the property met the points of the state law on annexation but eventually agreed with him.

“I will grant this petition and we will move forward with whatever Gravette decides to do,” Clinard said. “I think this is going to be sold for some commercial use right off the interchange.”

Williams said the next step is to present the county court order to Gravette and ask the city to approve the annexation. Clinard said during the hearing he is concerned about Gravette’s ability to provide service to all of the areas the city has annexed this year.

“Gravette has taken a big bite of property that was in the county,” he said. “I don’t know that they can handle all this. I guess that remains to be seen.”

Gravette Mayor Byron Warren said this latest annexation isn’t large enough to strain the city’s resources.

“This property isn’t going to add too much more on the north there,” Warren said. “We’re already providing police and fire protection out there. It’s not going to add a lot more as far as roads. I’ve been trying for years to get Mount Pleasant Road paved through the county, to give people on the west side of Bella Vista a way into Gravette, so that will probably be our first priority.”

News, Pages 1 on 08/15/2012