Confusion surrounds cemetery land deed

Published 11:07 pm Friday, August 10, 2012

There remains confusion as to who owns an acre of property inside Live Oak Cemetery and unrest about what some are calling a new monument being built.

In recent months, community activists have said the site of the Confederate Memorial park in Live Oak Cemetery is city-owned property, while those who stake their claim to the property disagree.

“Up until a few weeks ago, we had assumed the city owned the property,” Selma City Attorney Jimmy Nunn said. “But, now, we are not quite sure just what all of this means.”

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The “all of this” Nunn was referring, was the minutes from the April 17, 1877 meeting of the Selma City Council where the then Confederate Memorial Association had asked for a donation “by the city of an acre of ground, in the central part of the addition lately purchased to the [Live Oak Cemetery] upon which to erect a monument to the memory of the Confederate dead.”

According to the minutes, members of the council approved the petition, but it appears now, that no deed was ever prepared nor transferred to the Confederate Memorial Association, today known as the United Daughters of the Confederacy Selma Chapter No. 53.

Pat Godwin, UDC Selma Chapter President, said her organization — and its attorneys — believe the organization does own the property and has owned it since the council’s approval in April 1877.

In a letter sent to Godwin, the chapter’s attorneys said it is their opinion the group does have ownership based on the actions of the council in 1877 and Alabama Code.

But, the confusion still remains.

Selma City Council president Cecil Williamson said Friday he believes the city did donate the property to the group as outlined in the minutes, but “can see where there might be some confusion.”

“It would be my opinion that this council work to clear up the confusion and move ahead and have a deed prepared clearing up the ownership issue,” Williamson said.

It is not known if Williamson will work to have the matter brought up at the council’s next regularly scheduled meeting set for Tuesday.

Friday also saw the debate over the monument to Confederate Lt. General Nathan Bedford Forrest heat up as construction workers continued their work on building an elevated pedestal and fencing area for the monument.

Godwin, who is also a member of Friends of Forrest, the organization who planned, arranged for and paid for the construction of the monument in 2001, said the group plans to move the current Forrest monument to this pedestal area in the coming weeks.

The monument, originally placed on the grounds of the Vaughan-Smitherman Building, was placed at the Confederate Monument area in 2001. Earlier this year, the monument was vandalized when someone stole the bronze bust of Forrest from the top of the monument.

The bust has never been found and the Selma Police Department has continued to investigate the theft.

Godwin said the group is moving the monument to the pedestal, and behind a fence, for additional security. They have also had the bronze bust of Forrest recast by the original artist and hope to have it all completed in the coming weeks.

Friday, State Sen. Hank Sanders held a press conference at the site of the construction, claiming “there is already a monument to Forrest at Live Oak Cemetery. We do not need a bigger monument of Forrest in Selma, the symbol for voting rights and freedom all over the world.”

Sanders, and those with him, said they are demanding construction be halted on this monument and that “monuments and displays of hate, such as this monument, not be allowed on city-owned property.”

The Selma Historical Development Committee approved the design of the revised monument, which will include lighting. The building permit issued for the project was issued to KTK Mining of Virginia, the company building the monument pedestal and display.