The city apologizes after work crews have been clearing ground for a planned walking and biking trail through Topeka that cuts right through cemetery grounds.

“They've cleared the grass and moved turf on the top,” says Joe Singer, City of Topeka Chief Surveyor. “They haven't done any excavation yet.”

Ann Andrews, the Curtis Family Cemetery caretaker, says it’s good thing the city hasn’t started digging, because there could be unmarked graves there.

The cemetery dates back to the 1860's and used to be owned by Charles Curtis, the nation's only American Indian Vice-President.

The city says it was an honest mistake, and stopped work in the area after recognizing the property boundaries were off.

“They still wouldn't listen to me,” says Andrews. “I come out here and they still wouldn't stop. They said, ‘we'll have our survey team come out.’ I said OK. It was only then they acknowledged they did something wrong.”


Singer says the city realized the property line actually ends 19 feet further west of where the original plan showed. “North Topeka is not a good place to survey. There are many records and conflicting property lines.”

Singer says the land looked the same as city land and wasn't fenced in like the marked graves on the cemetery.
It's still up in the air who actually owns the property.

Andrews worries about the disrespect and potential vandalism that could arise from having a trail that close to a cemetery.

The city says consultants will re-design soldier trail and probably re-align it to the north to smooth over the muddy situation.

The city says Soldier Trail, which will stretch from Garfield Park to Lyman Road, should be completed by this summer.