March 4, 2020 – Press Release/Response to Hsv Times Article “New homes in Huntsville being built over possible 1500-year-old Native American burial sites,” posted February 19, 2020

The news story as reported by AL.com/HsvTimes is without merit and false. The story is based on a misrepresentation of Alabama Burial law, which does not apply to this site and the numerous documented false statements of Ben Hoksbergen. What follows are well researched and documented facts. That said, we are not insensitive to the historical interest in this site. Jeff Benton Homes (JBH) is happy to work with knowledgeable people to discuss ways to acknowledge the history of the area. We are happy to answer questions and provide additional documentation/information. Thank you.

1. Flint Crossing is now, and has been from land purchase, in complete compliance with City of Huntsville ordinance and Alabama law.
2. Prior to development, JBH engaged a respected geotechnical engineering firm to conduct a site evaluation for JBH/City of Huntsville. They reported no significant historical/archaeological features.
3. All previous site evaluations of this property have reported no cemeteries, human remains, or structure associated with burials.
4. After the AL.com/Hsv Times story, the City of Huntsville, the Alabama Historic Commission (AHC), and my attorneys have confirmed no issues and complete compliance on this site.
5. At no time during ownership/development has JBH encountered human remains, or structures associated with burials.
6. At no time has JBH been contacted by the City of Huntsville, local police, AHC, or Hoksbergen with questions or concerns regarding human remains or burials.
7. Hoksbergen’s only communication with JBH was late May 2019, requesting permission to search for artifacts. JBH did not give him permission to search and he never attempted to contact JBH again.
8. This site is not listed as a significant historical/archaeological site by the City of Huntsville or the Alabama Historic Commission.
9. AL.com reporter sent us a copy of the Tennessee Valley Archaeological Research (TVAR) report on February 13, 2020. That day was JBH’s first knowledge of the existence of this report. During our due diligence prior to land purchase, this report was not provided to us by the previous land owner.
10. The TVAR report shows artifacts on this site. The report showed no cemeteries or human remains, and no burials. The contents of this report exonerates JBH and this site.

Al.com/Hsv Times rebuttal

1. Hoksbergen’s claims of repeated attempts to contact JBH with his concerns as alleged in the story are documented to be false.
2. Hoksbergen claims he informed the City of Huntsville, local police, and AHC of his concerns.  None of these authorities contacted JBH related to his concerns.
3. It is clear Hoksbergen had seen the TVAR report prior to making statements and representations that the TVAR report contradicts.
4. In May 2019, Hoksbergen contacted JBH with request to search for artifacts. At that time, JBH checked Alabama law and it is clear: On private property, all artifacts are the property of the land owner with no restrictions/requirements.
5. JBH has extreme confidence and confirmation of our position. The accusations made by Hoksbergen have no merit and may well constitute both defamation per se against JBH and also slander of title to JBH property.
6. All previous site studies and reports on this site, including 2010 TVAR analysis, report no findings of human remains, burials, structures associated with burials. All of which are requirements for Alabama Burial law to apply.
7. Alabama State Site File (ASSF) – having a report on file on your property does not limit in any way what you can do with your property. Only section 106 projects involving federal land/federal dollars are required to access reports on this site.
8. Feb 25^th monthly meeting of the Local chapter of Alabama Archaeological Society Ben Hoksbergen, President.  JBH was made aware of this meeting by Hoksbergen’s Facebook post, which also stated he would be discussing the Indian burial site that is being disturbed by residential development.
9. JBH decided to attend to ask questions when appropriate and give our side of the story.
10. JBH did not know anyone at this meeting. No one knew we were there. Hoksbergen and I have never met or spoken to each other.
11. Hoksbergen led the discussion and answered questions. A Native American gentleman asked Hoksbergen if this was a village site or a burial site. Hoksbergen stated he had confirmation this was a burial site.
12. The same Native American asked:  Jeff Benton says he knew nothing about this, is he lying? Hoksbergen answered, “Yes. I told him about this personally.”
13. I had never met or spoken to Hoksbergen and he did not know I was in attendance. This represents a perfect example of Hoksbergen making false statements to serve his purposes.
14. After this, I introduced myself and challenged his statements as reported in AL.com/Hsv Times story. JBH had confirmed he had never attempted to contact us after his initial artifact search request. Hoksbergen eventually admitted he had not tried to contact us with his concerns.
15. I asked to see the pictures he referred to that “gave him confirmation that in fact there were burials on this site.” Hoksbergen would not show them because of cultural sensitivity.
16. After the meeting I told him I wanted to see all the photos that he said gave him confirmation of burials. As stated, no authority contacted JBH, that had seen his evidence.

17. I talked to several people at the meeting who thanked us for coming and thought this situation had been handled poorly. I agree.

Thank you and please contact my office with any questions, info@jeffbentonhomes.com or 256-430-4301.

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