Negotiations Hit Snag For Deal To Buy Land Where Remains Discovered

Southampton Town officials are weighing their options for purchasing a property on Hawthorne Road in Shinnecock Hills where human skeletal remains, thought to be an ancient Shinnecock Indian Nation tribal leader, were found on August 13.

The town had hoped to use Community Preservation Fund revenues to protect what may be an ancient burial ground—but the owner of the property wants more for the land than the town is allowed to pay under CPF guidelines.

The town is prohibited from paying more than fair market value for any property purchased with CPF funds. In this case, an appraisal came in at $390,000. But the property owner, KB Southampton LLC of Water Mill, wants an additional $185,000 in order to be compensated for improvements already made to the land.

Town Supervisor Jay Schneiderman, Town Board members and the developer have been engaged in negotiations for the last three weeks. Shinnecock Indian Nation leaders have pledged to raise the money to bridge the difference, but have raised only a few thousand dollars so far.

“In order for the developer to leave the grave site alone and go somewhere else, so that we can repatriate, we have taken it upon ourselves to offset the cost,” Rebecca Genia of the Inter-tribal Historic Preservation Task Force said at the annual Shinnecock Powwow celebration held over Labor Day weekend. The tribe may also be able to tap grant funding and other revenue sources, Ms. Genia said.

The Suffolk County medical examiner’s office could not determine the ancestry of the remains discovered last month, or their age.

Members of the Shinnecock Indian Nation and visiting tribes spent a portion of the annual powwow celebration worried about the potential for additional damages to the suspected burial ground on Hawthorne Road if construction were to continue. A prayer ceremony was held by tribe members at the location on Sunday night.

“We have begged the developer to hold off on his construction, because we have finally gotten the town’s attention,” Ms. Genia said. She added that the developer essentially told the tribe to come up with tens of thousands of dollars overnight.

“Everyone has been cordial up until this point,” she said, “but that could go south fast. The word is, if the developer doesn’t get his money, he’s going to do what he’s gotta do. And that is what often happens. The willing developer doesn’t want to accept the fair market value—who wants to break even these days?

“They have us by the neck. They’re, like, ‘That’s not our price. We are sorry about your ancestor’s bones.’ In other words, ‘Too bad’—and that’s a terrible thing.”

After a meeting with the developer on Tuesday morning, Mr. Schneiderman said that there may have been a few improvements to the property that the appraisal might not have taken into account, including the installation of a retaining wall. Those improvements could help to close the gap in the purchase price.

The supervisor also said the developer “agreed not to touch the property” while negotiations were underway. “There are human remains on this property, and extensive archaeology will need to be done before any construction occurs,” he said. “A stop work order will be issued if necessary.”

A letter sent to Mr. Schneiderman by the State Historic Preservation office “strongly urge[s] that all construction activities cease until it can be determined if additional graves are present on the property.” It added that the town should “consult with the Shinnecock Nation on any archaeological studies the Town of Southampton may require and on the repatriation of the human remains.”

“I am cautiously optimistic that a deal will be reached that’s acceptable to all sides,” Mr. Schneiderman said. “The developer will have some loss here, but that hole is shrinking. … If this process fails, we will have to weigh our options.”

After more than a decade-long push by Ms. Genia, and for longer than that by others, the town is pursuing possible legislation to offer a procedure for when ancient human skeletal remains are found on private property.