SerpApi.Org
For more than 40 years, Jim Ortega believed he knew where he would one day be buried.
His plot at the Lafayette Cemetery sits directly behind his parents' graves, just as his father wanted.
"It says Ortega, ‘together forever,’" Ortega said of his father’s gravestone. "That's what my father wanted. He wanted me to be buried with him."
Now, after decades of believing those plans were set, Ortega isn't sure they'll ever happen.
On Tuesday night, the Lafayette City Council approved a resolution outlining four options for people who own burial plots at the city-owned cemetery after officials discovered the cemetery is much fuller than historical records indicated.
The issue came to light in September 2025, when city crews encountered unexpected human remains while digging a grave in what was believed to be an unused burial plot.
City officials said inconsistent record-keeping dating back more than 150 years left many burials undocumented.
"The main underlying problem is that this is a historical cemetery with haphazard record-keeping going back 150 years," City Councilor Kyle Bollier said. "So, in the early 1900s there were numerous folks buried without proper record keeping."
As the city investigated, it found that many plots thought to be vacant may already contain human remains.
"All that has led to being a very full cemetery with, unfortunately, hundreds of plots still outstanding, so we had to reconcile the plots that folks still possess with the fact that there just is not the geographic space," Bollier said.
Under the resolution approved Tuesday, people who own cemetery plots can choose one of four options:
- Sell their plot back to the city for $3,500.
- Relocate to Coal Creek Cemetery in Louisville.
- Choose cremation and burial.
- Pursue a traditional casket burial if the plot appears available, with a backup burial plan in place if human remains are discovered during excavation.
If a casket burial is attempted and previously unknown remains are found, the burial would stop immediately, and the person's pre-selected backup option would be used.
"We absolutely want to make that happen," Bollier said of traditional burials when possible. "Again, unfortunately, if when we dig after someone passes, if we encounter other remains, we have to respect those."
The city also plans to have an independent observer present for future burials.
Several residents urged council to delay approving the resolution, arguing the city should do more to determine which plots are actually available before asking families to make permanent decisions.
Ortega said he wants the city to conduct additional research before families are forced to choose.
"All I want to know is the degree of encroachment on my site so to see if there's room for me," he said.
He said city officials have told him ground-penetrating radar detected something beneath or near his family's plots but couldn't determine exactly what it is.
"They just said the radar says there's something there," Ortega said.
Bollier said ground-penetrating radar is currently the best available noninvasive technology, and that excavating the cemetery to verify every burial would disturb existing graves.
"You could physically hand dig 5 acres, but you would desecrate all of these many graves, and so we're not going to do that," Bollier said.
Ortega said the uncertainty has taken an emotional toll.
"It breaks my heart," Ortega said. "I'm not sleeping at night because of this. We just want answers. I just want the truth."
Plot holders who have not already contacted the city regarding burial options under the moratorium are asked to contact the city by Oct. 31 to discuss their preferred option and must complete the necessary agreements by Jan. 31, 2027. City staff will continue meeting individually with families to answer questions, explain each option, and assist them through the process. Any plot holder interested in discussing their circumstance with the city can call 303-604-3511.
They’re also sorting through how they will prioritize existing, open plots, but won’t know those figures until they’ve learned how each family wants to proceed.
