By David Fleet

Editor

Atlas Twp.-

The graves of Mary Hebbard, a direct descendant of William Bradford, Plymouth Colony and Oliver Palmer, son of Colonel John Palmer of the Continental Army are just two historical interments near the intersection of Gale and Perry roads.

The landmark graves are part of the Atlas Baptist Church Community Cemetery—located on a 1/4 acre tract of land just behind the now vacant Atlas Baptist Church, 6396 S. Gale Road. The cemetery has not been the site of a burial since the 1940s. The first burial at the cemetery was 29-year-old Sarah G. (Davison) Mantor who died Feb. 13, 1837. Since then, several local settlers have been laid to rest in the cemetery.

While more than 180 years have gone by since the first burial, ownership of the small tract of land remains a question. The cemetery property, which is landlocked by the Atlas Baptist Church to the east and private property on the other sides, was discussed Monday night at the township board of trustees meeting following an extensive title search. Cemetery ownership and care concerns began when the Atlas Baptist Church was listed for sale by The River Church.

“We did our due diligence and just don’t know who owns it,” said Tere Onica, township supervisor. “There is a deed somewhere, but right now we are all in limbo until this is sorted out.”

“The tax records do not indicate owners and it’s only a guess until we find a document that indicates ownership.”

The Atlas Baptist Church was organized on April 2, 1843, by some of the early pioneers. A wood frame building was built in 1855. It had a shed in the back used to shelter the horse-drawn carriages. A brick edifice was started in 1902 and completed by 1904. It was purchased by The Point Church about 10 years ago.

Onica speculates someone donated the land to the church many years ago and it was never recorded even though the township has provided some financial support for upkeep of the cemetery.

“There would be cleanup days there and they would fix some of the old stones,” she said. “The township marked the graves of veterans with flags in the cemetery over the years.”

Bryan Fox is the deacon of facilities for The River Church, formerly the Point Church and the current owners of the church building.

“Right now we’re trying to sell it,” said Fox. “However, there is still some question of who owns the cemetery, it is listed as a separate parcel and is not included on the church deed.”

Despite the debate over ownership the Atlas Baptist Church building and cemetery is listed by RBI Realty for $295,000. Included in the sale of the 6,688 square foot church building is a 2013-square foot parsonage.

Just what entity— church or municipality—has claims to the property can make a big difference in long term care, say state officials.

Jeannie Voge, a spokesperson for the Michigan Department of Licensing and Regulatory Affairs, said Michigan burial areas like the Atlas Baptist Community Cemetery are overseen by the MDLRA and are unique when it comes to state regulations.

“If this cemetery is owned by a religious organization, it is exempt from the statutory requirements of the Cemetery Regulation Act,” said Vogel. “The statute exempts religious and municipal cemeteries. Therefore, LARA does not have jurisdiction over them.”

According to the statute, the cemetery commissioner shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local ordinance. A cemetery owned and operated by a municipal corporation, church, or religious institution is exempt from this act.

Doug McAbee and family were members of the Atlas Baptist Church and started attending in 1953.

“We played in the cemetery as a kid,” said McAbee. “My son Josh had an Eagle Scout project to fix up the stones in there. Even back then we had debates over who was to care for the cemetery. Different generations debated over ownership the idea went back and forth—some wanted it and some did not.”

The McAbees left the church in 2007.

“Although it was under new leadership the marquee and sign was still the Atlas Baptist Church,” he added. “At one point the Atlas School and playground was near that area, too. It’s a very historical site for the community. “