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Live Oak resident says new survey places cemetery on his land, asks council for compensation or land swap
Summary
Neil Wright, a Live Oak resident, told the City Council a certified survey completed after his 2021 purchase shows a cemetery on his parcel and asked the city to remove the cemetery from his deed or reimburse him roughly $18,000 or swap city property.
Neil Wright, a Live Oak resident and property owner, told the City Council that a certified survey completed after his 2021 purchase shows a cemetery now falls on his parcel and asked the city to remove the cemetery from his lot or reimburse him.
"The cemetery is part of on my property as well," Wright said, describing a new survey he said was completed about a year ago and is on record with city staff. He said metal stakes and flags mark the cemetery corners and that the survey revealed multiple private parcels that now include portions of the cemetery.
Wright told the council he would accept $18,000 for the part of the cemetery on his land or would accept a swap for a city-owned lot so he could proceed with plans to develop the site, which he described as potential multifamily apartments or a subdivision along McGee Street, between nearby HUD complexes. He also asked whether the city could help extend sewer service from Eva Street to Lee Street; he told council there is only one small water line and no sewer along much of McGee Street.
City Manager Larry and staff said the city will compare the survey Wright provided with other maps. The city attorney told the council he had just received maps that afternoon and that there are "special statutes on cemeteries" to consider; he said he would need roughly 60–90 days to research record chains, fence age, public use and legal theories before providing an opinion on ownership or options for resolving the overlap.
Staff asked Wright to allow the city to obtain or purchase a fresh copy of the survey on file in Lake City so staff can compare those records with city maps. Council members agreed to have the city attorney and staff research the matter and return to council with a legal opinion and options for compensation or land swaps.
The city did not take any formal action at the meeting on Wright's request; staff told the council they will follow up with survey copies and the attorney will report back in approximately 60–90 days.
What’s next: The city attorney said staff will gather survey records and legal research and return with an opinion and options for council action.
