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Council hears legal limbo at Blacknall Cemetery, notes $300,000 cemetery fund rarely used

Henderson City Council · May 28, 2026
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Summary

Council discussed cemetery maintenance funding and ownership complications at Blacknall Cemetery; staff said the title is unclear and resolving ownership would require court action and significant legal expense, while an approximately $300,000 donated fund exists but has rarely been accessed.

Councilmembers raised questions about cemetery maintenance funding during the FY27 budget review, focusing on contracted services and the long‑standing cemetery endowment. Finance Director Joey Fuqua said roughly $90,000 is budgeted for contracted cemetery services, largely for landscaping and cleanup across city cemetery properties.

Councilmember Garry Daeke flagged a roughly $300,000 fund donated generations ago for cemetery upkeep that has rarely been used; Fuqua said the state previously confirmed the funds can be used broadly for improvements to Elmwood Cemetery. City Manager Paylor Spruill said ownership of Blacknall Cemetery is unclear—"the cemetery’s title is vague"—and that some burial plots have deeds while others do not. He said resolving title issues would require going before a judge to appoint a receiver or trustee and significant legal work, and staff do not recommend pursuing that course at this time due to budget constraints.

Council discussed whether some of the donated funds could be applied to current maintenance needs, but staff noted existing cemetery funds apply to Elmwood Cemetery and that legal and mapping uncertainties at Blacknall pose a barrier to more aggressive spending. No immediate court action or reallocation was approved; council asked staff to include clarifying options in follow‑up materials.