The city of Augusta has collected more than $100,000 in rent for land it might not even own, said members of a group trying to restore and preserve a historic cemetery on the property.

Augusta has been pulling in more than $1,000 a month for nearly eight years for the land that contains a dilapidated cemetery where some of Augusta's most influential historic figures lie. Alltel signed an agreement with the city Nov. 5, 1997, to lease a portion of the cemetery land for a cell phone tower.

Based on the lease, the city has earned $112,642.50 so far and is earning $1,322.50 a month. Each time the five-year lease is renewed, the rent goes up.

The agreement was made with the stipulation that it is the city's property to lease. The city, referred to as the "landlord" in the lease, says the land is the city's property.

The "landlord warrants it has the full right, power and authority" to lease the land, according to the agreement.

The lease agreement includes a sketch of the property and marks an area as the cemetery. Who actually owns the land is in question.

George Patty, the executive director of planning and zoning, said applications must be submitted to the city for cell phone towers. According to his information, the land is identified as being owned by "Warren Cemetery."

There's no deed for the land in the property records of the county courthouse or a record of the property being transferred to the city.

A group led by history enthusiast Brad Cunningham is trying to restore and preserve the cemetery, where former mayors, a state representative and people influential in constructing Augusta Canal and other parts of the community are buried. He said a will stipulates the land is never to be sold.

"I think it's terrible, if you want to know what I think," said Bob Hunter, who is working with Mr. Cunningham. "I'm not a lawyer and I don't know law, but I think once you're dead and gone no one would mess with the cemetery."

Mr. Hunter's wife is a descendant of some of those buried in the cemetery. Billie Gardner Hunter is the great-great-granddaughter of Edna Skinner Warren, who married the son of Benjamin Warren. Mr. Warren is buried in the cemetery.

Mrs. Hunter said the money the city makes from leasing the space to the cell phone company should be used to repair the historic graves and clean up the cemetery.

Once the word gets out about the condition of the cemetery and the need to repair it, Mr. Cunningham said, he will solicit money for the project.

Jim Plunkett, whose law firm works for the city, said he wasn't familiar with the issue because it happened before his firm was hired, and that it's policy "not to comment on something the county hasn't asked us to work on."

Jim Wall, a former city attorney, declined to comment since he is no longer the city attorney.

Reach Greg Gelpi at (706) 828-3851 or greg.gelpi@augustachronicle.com.