Xandria
Most states have special laws regarding cemetaries that make it virtually impossible to disturb them if they are recorded as cemetaries. I have seen one or two very old unrecorded cemetaries decimated because no one knew they were there and the developer figured he could get away with it. I investigated the legal process for a project in Texas and determined that getting the proper clearance was a virtual impossibility. This is especially true in the case where some of the graves are quite old. The chances of contacting all the decendents to get their permission varies between slim and none. It sounds as if your developer is trying to get a private cemetary road reclassified as a public right of way.