Pandemic a priority over statue, city says
City Manager Bill Burrough says he remains a proponent of relocating a Confederate statue from private property downtown, which could eventually entail the use of eminent domain, but has more pressing concerns with the ongoing COVID-19 pandemic.
“My first concern is the pandemic, making sure that we’re still able to manage through the pandemic, both fiscally and responsibly through our duties,” Burrough said. “There’s really only so much that we can take on at one time. That (condemning the land and relocating the statue) is something that I know is going to take a significant amount of time, and we may see that come back (into discussion by the board), but I haven’t been able to invest the time I need to.”
He said he is a proponent for relocating the statue, but he needs more time to research the matter before bringing it to the Hot Springs Board of Directors.
“I want to make sure that should we place that on a future board’s agenda that we’ve got enough time to get all the details and facts in order, and we’re ready for the meeting to take place,” Burrough said. “There will be a lot of lobbying on both sides of that with our board members, but those are tough decisions.
“This board has made tough decisions in the past,” he said,
“whether it’s
‘yea’ or ‘nay,’ I don’t think they’re scared to hear the item.”
The property, which is owned by the local chapter of the United Daughters of the Confederacy, has been the home of a Confederate statue since 1934. The land is also believed to be the site where the two recorded lynchings of Black men Will Norman and Gilbert Harris occurred in Hot Springs in 1913 and 1922.
“I believe in unity, I believe that piece of property is divisive, and whether you believe in history, heritage or hate, you can’t deny that it’s divisive.”
— City Manager Bill Burrough
“I believe in unity, I believe that piece of property is divisive, and whether you believe in history, heritage or hate, you can’t deny that it’s divisive,” Burrough said. “And from that standpoint, yes, I would love to see that statue relocated to the Confederate Cemetery or some other piece of property that it could be observed by whoever wants to observe it. Where it sits today, I don’t think is the proper place.”
In order for the city to consider claiming eminent domain of the property and condemn it, Burrough said there would have to be a “public purpose,” such as a roundabout or public park. However, he noted he doesn’t want to retire the situation to the consideration of eminent domain immediately.
“I’m still one who would rather work with the property owners and hopefully help them come to a conclusion that there’s a better place for it than to take the property,” he said.
City Attorney Brian Albright said if the board decides there is a public purpose that the city wants to pursue with respect to the land, there must be a statement of that public purpose, an appraisal of the property and a petition to the circuit court for eminent domain.
“Then we would be able to take possession,” Albright said. “At that point, according to the statutes, the monetary compensation for that taking would be determined by a jury. So it’s not simply a matter of filing something with the court, and that’s the end of it.”
He said claiming the land through eminent domain is legal, it’s just a matter of putting action behind it.
“You’ve got a very small parcel of privately owned property in the middle of an intersection, and if the board felt like it would be better for that parcel to be city controlled instead of privately controlled, that’s a legitimate public purpose,” Albright said.
Burrough said the land will remain untouched by the city until he has enough time on his hands once the pandemic begins to loosen again; the city commits to a public purpose for the property; and the decision is brought before the board.
“First of all, I think eminent domain is something that you use as a last resort,” Burrough said. “I’d prefer to meet with the United Daughters of the Confederacy to discuss what those options might be. At this time, they do not think that discussion would be productive. So as we move through the next couple of months we may see that come to fruition as far as a meeting between them. If not, we may see some other action by the board.”
Although he plans to delay action on the land, Burrough said he would not consider the city’s desire to relocate the statue “put to rest.”
“There’s still a lot of things that are happening in our community” in regards to promoting racial equality and unity in the community, he said.
“We’re having some great meetings with the Unity Coalition of Garland County (and I) had a meeting (Wednesday) with some other leaders within the community who are very representative in our minority population, and we’re going to continue to work through these issues.”