My initial thoughts:
Not a matter that this occurred 36 years ago, wrong is still wrong and 36 years is nothing in terms of platting over a cemetery. YIKES!!!
The double evidence of an old survey and then the acknowledgement by a latter plat is very concerning. The questions of an ALTA survey condition instantly pop into my thinking here.
I think this should be less of an argument of how you ‘REMOVE’ this designation and more of an investigation of ‘how did this happen’ and what did the survey/engineering company know that would allow them to be ‘at peace’ with platting over a cemetery.
Disclosure: Many moons ago, I was a ‘Caretaker of a Cemetery’, yep, a I am a ‘grave digger’.
CV,
Here's a tune for your Friday listening.
There is a subdivision with a clear cemetery lying across two of the lots. The list of reasons not to buy either lot is long. The only reason I can think of to buy would be if they are dirt,,,,,really dirt cheap.
It doesn't sound like there ever was, but are there houses on either lot?
No houses on either lot. But the county had issued septic permits for both lots. And, there were no issues putting utilities along the Right-of-Way ... which is precisely where they decided to put a light pole and power box.
Those owners are stuck with worthless property. What a shame. Shouldn't have happened.
Well ... I think they are looking to battle the County. This clip from the GIS is very recent. Up until a week ago, there was no indication of any cemetery. It didn't show up on the GIS or tax maps. The owners have been taxed for 20+ years the full value. It's ugly. Fangs and claws are coming out with lawyers waiting in the wings. I say, just start selling burial plots off and make some money. The moment you start putting bodies in the ground you'll get someone's attention. (I say bury them standing up so you can maximize your profit!)
Perhaps the county would like to buy the property to prevent it from becoming a functional cemetery.
Stop paying taxes and the county can deal with it.
Sucks, but might be the only solution. No one is going to buy it.
I would walk away from it myself, cause I've seen what lawyers cost and they ain't cheap.
Unless you can get a judgement of some kind against someone, you're stuck.
As a surveyor there's not much you can help them with.
The facts concerning the land seem clear.
LOL! Thx!