What's Happening?
New York Attorney General Letitia James has filed a motion to intervene in a pending foreclosure action concerning a historic African burial ground in Elmhurst, Queens. The site, located at 47-11 90th Street, is believed to contain the remains of nearly
300 formerly enslaved people, with burials dating back to 1818. The property, which was once owned by the United African Society of Newtown (later St. Mark African Methodist Episcopal Church), was rediscovered in 2006 and has since faced repeated disturbances during development attempts. The current owner, 90 Queens Inc., defaulted on its mortgage, leading to a foreclosure sale. Attorney General James is seeking a court order to ensure that any prospective buyer is fully informed of the human remains on the property and their legal obligations under the state's Unmarked Burial Site Protection Act, enacted in 2023. This act prohibits disturbing human remains at burial sites without specific procedures for identifying and notifying descendants.
Why It's Important?
This intervention is critically important for the preservation of a significant historical and cultural site, ensuring that the memory and dignity of formerly enslaved individuals are respected. The repeated disturbances at the site highlight a systemic issue of overlooked historical African American burial grounds in urban development. Attorney General James's action sets a precedent for enforcing the Unmarked Burial Site Protection Act, demonstrating the state's commitment to protecting such sites from further desecration. It also underscores the legal and ethical responsibilities of property owners regarding historical human remains. The case brings to light the ongoing struggle of advocacy groups like the Elmhurst History & Cemeteries Preservation Society to secure landmark status and permanent protection for these invaluable historical assets. Furthermore, it emphasizes the need for greater awareness and integration of historical preservation into urban planning and real estate development processes, particularly concerning marginalized communities whose histories have often been erased or neglected.
What's Next?
Attorney General James has asked the court to require the referee overseeing the foreclosure sale to include a copy of her motion and the text of the Unmarked Burial Site Protection Act in all materials provided to prospective buyers. This aims to ensure that the new owners are fully aware of their legal obligations to protect the burial ground. Advocacy groups, including the Elmhurst History & Cemeteries Preservation Society and the pastor of St. Mark AME, have formally requested the Landmarks Preservation Commission (LPC) to designate the property as a landmark. The LPC spokesperson has indicated that the site will be added to its survey list if it 'may merit' consideration. Queens Borough President Donovan Richards has called for the city to purchase the land and establish it as a memorial, advocating against the sale of the property where enslaved people are buried. The outcome of the foreclosure action and the LPC's decision on landmark status will determine the long-term fate and protection of this historic site.
Beyond the Headlines
The legal battle over the Elmhurst burial ground transcends a simple property dispute; it represents a deeper societal reckoning with the legacy of slavery and the imperative to honor the historical contributions and resting places of African Americans. The fact that this site was 'forgotten' and repeatedly disturbed speaks to a historical pattern of marginalization and disrespect. Attorney General James's intervention, coupled with community advocacy, highlights a growing demand for restorative justice and the recognition of previously overlooked histories. This case could serve as a powerful catalyst for re-evaluating how historical sites, particularly those related to slavery and marginalized communities, are identified, protected, and integrated into public memory and urban landscapes. It also raises questions about the role of government in actively preserving cultural heritage and ensuring that economic development does not come at the expense of historical integrity and human dignity. The call for the city to purchase the land and create a memorial underscores a desire for collective remembrance and education.
