From what I see the land in question is over 40 acres, so is the argument that bodies were buried over all of the 40+ acres if so then it can't be classed as a 40 acre cemetery for a very few people.
Were the burial sites marked?
There are aboriginal remains throughout the country which have been relocated at the request of Aboriginal peoples so why is this different.
It would appear IMHO that this is all about money --- follow the money is the answer of most claims be they white or black
