Commission recommends vacating 17-ft alley adjacent to Newtown Cemetery after ground-penetrating-radar finds potential graves

The Harrisonburg Planning Commission on May 14 recommended City Council vacate a 17-foot-wide undeveloped alley adjacent to Newtown Cemetery, forwarding a favorable recommendation by a 4–2 vote. The alley closure request was driven by Newtown Cemetery Trustees’ desire to preserve and expand burial space after noninvasive investigations indicated the presence of potential unmarked graves in or near the alley.

Staff recommended denial of a full alley vacation and offered two alternatives: (1) close only the portion of alley containing potential graves while reserving a pedestrian access easement of about five feet, or (2) close the entire alley but reserve a pedestrian easement of five feet through the grave-containing portion and wider access where vehicle use is needed. Staff emphasized the public-access function of the alley for several adjoining properties and noted evidence of pedestrian and vehicle traffic in parts of the alley.

Why it matters: Newtown Cemetery is a historic African American cemetery listed on the National Register; trustees and JMU-affiliated researchers told the commission the cemetery holds more than 1,000 burials and that the site has documented unmarked graves. The trustees said they want to secure title and protect the identified graves and preserve the cemetery’s historic integrity.

Investigations and legal/title issues raised Trustees and their attorney said the initial application dates to 2021 and that work since then has included cadaver-dog sweeps and, most recently, a ground-penetrating-radar (GPR) survey (April 2025) that identified three probable unmarked burials in or near the alley. Staff cautioned that the GPR locations are approximate because the alley boundaries were not staked for the survey and recommended a precise survey to determine how the potential graves relate to the alley and to define any preserved easement.

Trustees’ representatives explained that, based on a preliminary title review, the city likely does not hold fee title to the alley (the city holds a public easement), and that obtaining an uncontested deed or quiet-title judgment could be time-consuming and potentially expensive; trustees said they would pursue title after Council’s action to vacate the city’s interest, and would then apply for a special-use permit to allow expanded burials in R-2 if they obtain title.

Public-access, neighbors and alternatives discussed Staff and several commissioners stressed that the alley currently accommodates pedestrian movement and provides rear access to several properties; staff said the city does not generally maintain older alleys created by historic easements. Commissioners weighed connectivity and pedestrian access against the cemetery’s historical significance and the presence of probable burials. Some commissioners said alternative pedestrian routes (including an existing path near Effinger Street) provide reasonable walking connections if the alley is closed.

Commission vote and next steps The commission adopted a motion moved by Commissioner Porter and seconded by Commissioner Washington to recommend closing the entire alley; roll-call votes recorded in the meeting transcript show Council Member Dent, Commissioner Washington, Commissioner Porter and Chair Baugh voting yes; Vice Chair Finnegan and Commissioner Alcindy voted no. The motion passed 4–2 and will be forwarded to City Council for first reading; staff said the City Council would likely reserve second reading until the applicant could demonstrate title or complete required surveys.

Ending: limitations and follow-up Staff and the trustees agreed that if Council pursues vacation, the trustees will need to perform survey and title work and to show where a pedestrian easement might run if the commission or Council requests one. Trustees said they would preserve identified graves and that no reinterments are proposed; they also said they are open to limited public-access provisions but that the primary priority is protecting burial locations and expanding the cemetery in a historically sensitive manner.