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DOUGLAS - A family cemetery that began before Arizona became a state is at the center of controversy.

It sits on state land and while the family wants to take ownership, they can't afford it, and legally, that keeps the family from future visits.

Sheila Cottrell's great Uncle John Wells was buried, just outside of Douglas in 1904, it was the beginning of a family plot.

Cottrell said, "My sister was buried here in 1953, my dad was buried in 1995, we average burying 6 people a decade here."

Today, the family cemetery consists of nearly 80 loved ones, but the graveyard sits on the State of Arizona's turf, that's the problem, they were told by the state that they could be charged with trespassing, when they visit.

Cottrell said, "We've got records showing that about every decade family members tried to buy it."

The cemetery sits on three quarters of an acre and because the plot of land is so small, Sheila says the state wants her family to buy more than that, six acres, the price exceeds fifteen to sixteen thousand dollars.

In an effort to be balanced, we called the Arizona State Land Department to get their response.

Arizona State Land Commissioner, Maria Baier said, "It's important to understand that because the land is actually owned by the public schools and it's not public land per say, the land does have to be bought at fair market value. It can't be discounted and it can't be given away, so we have to follow the law and the law says we have to put it to auction at fair market value but we do want to work something out with the wells family."

For now, the Wells family says they'll fight for their buried past, at any cost.

Cottrell said, "We want the right to be here, whatever that takes."

The family hopes legislators will find a solution to wave the realty expense.