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Council weighs options after resident asks to purchase long-unused cemetery lots; legal title process may be required
Summary
A resident asked to acquire family plots that are unused; council members and staff said Utah law allows reversion after long periods of nonuse but quiet-title action or other legal steps may be needed.
WALSBURG, Utah — Councilmember Mary Piscatelli briefed the Walsburg Town Council on Feb. 27 about requests from a resident to acquire family cemetery plots that appear unused and the legal steps likely required to clear title.
Piscatelli said resident Vicky Gattmeyer told the town she had family plots in the town cemetery dating to the late 1800s and that one plot in question is approaching a 60-year period of inactivity. “There is actually a Utah code that after 60 years of unused … the plot reverts back to the town,” Piscatelli said.
Legal complexity: Piscatelli told the council that local towns she consulted—Heber City and Midway—had taken different approaches. Heber City reportedly had no formal policy; Midway is drafting a resolution but has faced disputes among family members claiming ownership. Piscatelli said Spencer at MAG is helping research how other municipalities handle reversion and property claims, but she warned the council the most reliable legal mechanism is often a quiet-title action in court. “Everything that I have found out, you end up having to get a quiet title,” Piscatelli said.
Resident request and interim handling: Gattmeyer expressed willingness to pay the going price for the lots, Piscatelli said, but the town cannot reassign privately held plots without clearing title. Piscatelli said she will hold the plots for the resident while researching options and coordinating with MAG and possibly legal counsel. She also noted that local cemetery conditions (unmarked graves, tree roots, rocky soils) reduce the number of usable plots and complicate reassignment.
Why it matters: The council said it wants to avoid prolonged legal expenses and will weigh procedures that protect historic burials while allowing towns to manage abandoned or unused graves. Piscatelli recommended staff continue research, consult MAG, and provide an ordinance amendment or resolution for future council consideration if a streamlined local process is feasible.
Next steps: Spencer (MAG) will follow up with a sample policy; Piscatelli will report back at the next work meeting with recommended language or next steps. Councilmembers asked staff to keep Gattmeyer informed but to avoid unilateral reassignment pending legal confirmation.
Ending: The council did not adopt a policy or take a vote on the request at this meeting; staff will return with research and proposed ordinance language or a recommended legal approach.
