GENERAL.
REMOVAL OF REMAINS.
ERRORS IN BURIALS.
ABANDONED INTERMENT RIGHTS
HISTORIC BURIAL PLACES.
§ 1. [Repealed.]
§ 2. Officers of church associations authorized to abandon burial grounds and sell the same in fee.
§ 3. [Repealed.]
§ 4. [Repealed.]
§ 5. [Repealed.]
§ 6. Bequests and devises in trust for the care and preservation of burial lots exempt from payment of collateral inheritance tax.
§ 10. Pollution of water by use of land for burial purposes.
§ 11. Burial permit.
§ 12. List of persons buried; index.
§ 13. Records to be completed within two years.
§ 14. Penalty for violation of act.
§ 15. Care of neglected burial grounds given to boroughs or townships.
§ 15.1. Neglected cemeteries; authority to improve; petition.
§ 15.2. Neglected cemeteries; removal of gravestones.
§ 15.3. Neglected cemeteries; contents of petition for authority to improve; plans; drawing of area.
§ 15.4. Neglected cemeteries; notice of filing of petition; hearing.
§ 16. Petition and order of court; cost.
§ 17. Burial grounds open to public.
§ 18. Removal of decayed or dangerous headstones, fences, etc.
§ 19. Headstones furnished by the United States Government or a county not to be forbidden; summary conviction; fine.
The trustees, treasurer or other proper officers of any church, congregation, presbytery or other church organization, owning real estate used as a burying ground, may, whenever so desired by a majority vote of such church, congregation or church organization, owner or owners as aforesaid, apply by petition to the court of common pleas of the county wherein such real estate may be located, for leave to abandon such burying grounds, remove and reinter the bodies of deceased persons therein buried, and to sell such real estate in fee, clear of all restriction. Upon presentation of such petition, the court shall make such order relating to publication and notice to parties in interest as may seem meet and proper, and, after final hearing of all parties in interest, may make such decree relating to the abandonment of such grounds for burial purposes, the removal of bodies therefrom and the sale thereof, as may be just and equitable; and when no person in interest can be found, said bodies to be removed and separately reinterred in some suitable burying ground, and each grave to be properly marked by head stone, et cetera, (provided such grave was so marked before removal), by the trustees, treasurer or other proper officer or officers of the church, congregation, presbytery or other church organization, owning the real estate so used as a burying ground: Provided, That no such petition shall be granted except upon condition set forth in the decree requiring the petitioners to purchase the rights of all lot holders in such burying grounds and to secure the consent in writing of the near relatives of decedents, whenever such relatives shall appear as parties to such proceedings.
Hereafter all bequests and devises in trust for the purpose of applying the entire interest or income thereof to the care and preservation of the family burial lot or lots of the donor, in good order and repair perpetually, shall be exempt from liability for collateral inheritance tax. This act shall take effect on and after the first day of January, 1904, and shall not apply to any bequest or devise, as aforesaid, made prior to that time.
That it shall be unlawful to use for the burial of the dead any land the drainage from which passes into any stream furnishing the whole or any portion of the water supply of any city, except beyond the distance of one mile from such city: Provided, however, That the prohibitions of this act shall not be enforceable against any land now devoted to burial purposes in which there shall have heretofore been burials and sales of burial lots.
A burial permit, issued in the district wherein the deceased person expired, shall be sufficient authority for interment in any cemetery or burial ground within the corporate limits of the county wherein the said district is located: Provided, That when a cemetery located within the corporate limits of two or more municipalities, or is embraced within two or more counties, a burial permit issued by the proper authority in any one of said municipalities or counties shall be sufficient warrant for the interment of the body mentioned in said permit in any part of said cemetery.
Every burial-ground or cemetery company or association, in the cities of the first class, shall keep a complete list of the names of every person buried in such burial-ground or cemetery, arranged alphabetically; with the date of burial, the exact location of the grave, and the number and owner of the lot in which the grave is situated. This shall be accomplished by means of a card-Index, or other system, in such a way that knowledge of the name of a person, or of the lot in which he or she is buried, or of the date of burial, will furnish a ready reference to the complete record.
Within two years after the passage of this act [of June 25, 1913, P.L. 564], every burial ground or cemetery company or association, in the cities of the first class, shall have on file, for the inspection of all persons having an interest therein, a complete record, if such information is obtainable, of all past burials made in such burial-ground or cemetery, arranged in conformity with the requirements of section one of this act. [§ 12 of this title]
Every person, firm, or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine not exceeding one hundred dollars.
Whenever any burial ground, incorporated or unincorporated, is being neglected so as to become a nuisance, even though said burial ground may occasionally be used for burial purposes, the court of quarter sessions of the county in which such burial ground is situated may direct that such burial ground be placed in the care of the council of the borough, the township commissioners or township supervisors of the township, under the direction and supervision of said court.
See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas.
This section was repealed as to townships of the second class by the Second Class Township Code as amended by the Act of July 10, 1947, P.L. 1481, § 49. (See, 53 P.S. § 66536.)
Whenever any cemetery, or any part or section thereof, owned by any incorporated or unincorporated church, cemetery or burial association, shall become so neglected as, in the opinion of the court of quarter sessions of the county wherein such cemetery is situated, to become a public nuisance, such court, upon petition of the incorporated or unincorporated church, cemetery or burial association managing and conducting such cemetery and after such notice as is required in section four of this act [§ 15.4 below], may authorize the management thereof at its cost and expense to improve the cemetery or any part or section thereof, without the removal of any dead therefrom, by the restoration, improvement or removal of some or all of the gravestones, posts, railings, fences or other structures or improvements thereon.
See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas.
If the court authorizes the removal of gravestones, it shall direct the petitioner to erect and maintain at a prominent location in the cemetery a suitable memorial of stone, bronze or similar material, having inscribed thereon the available names and dates of all persons buried in the cemetery or part or section thereof, the gravestones for whom have been authorized to be removed.
The petition filed by the church, cemetery or burial association, shall set forth the proposed plans of petitioner for the improvements of the cemetery, part or section thereof, including, if it proposes to remove the gravestones, a description of the memorial it intends to erect, the known names and dates of the dead buried therein and the known names and addresses of the person or persons having rights of interment therein.
Accompanying the petition shall be a scale drawing of the area to be improved, which shall show and designate the location of the graves from which the gravestones are to be removed. The drawing shall be filed and preserved by the court of quarter sessions, and a copy thereof shall be filed and preserved by the church, cemetery or burial association.
See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas.
Whenever a church, cemetery or burial association shall file a petition as hereinbefore provided, the court shall direct such notice of the filing of the petition and of a date fixed for hearing thereon to be given to the owners of rights of interment therein, and to the known descendants of the dead buried therein, in such manner as it shall deem appropriate. An opportunity to be heard shall be afforded to all such persons, if any appear, before the court shall make an order authorizing the petitioner to improve such cemetery, part of section thereof.
Upon the petition of twenty-five or more citizens, residing within a radius of five miles of any such burial ground, to the court of quarter sessions, the said court may order and direct the council of the borough or the township commissioners or township supervisors of the township to cut down, before the thirtieth day of May and before the fifteenth dya of August of each year, all brush, grass, briars, and weeds growing in such burial ground, and to remove the same, and place such grounds in good order and condition.
The cost thereof shall be paid out of the borough or township treasury, but in no case shall the council of any borough or the township commissioners or township supervisors of any township expend more than thirty dollars on any one cemetery, in any one year, for such purposes.
See Schedule to Article V, section 4, of the Pennsylvania Constitution, for transfer of the functions of the court of quarter sessions to the court of common pleas.
This section was repealed as to townships of the second class by the Second Class Township Code as amended by the Act of July 10, 1947, P.L. 1481, § 49. (See, 53 P.S. § 66536.)
Such burial ground shall remain open to the public, according to such regulations as may be made by the said court.
This section was repealed as to townships of the second class by the Second Class Township Code as amended by the Act of July 10, 1947, P.L. 1481, § 49. (See, 53 P.S. § 66536.)
Whenever any headstone or headstones, posts, railings, or other structures upon a lot in any cemetery shall have fallen into decay or become dangerous to those entitled to enter into said cemetery grounds, the company, association, or management, conducting the said cemetery, shall have the right, and such right is hereby conferred, to remove the headstone or headstones, posts, railings, or other structures, so out of repair and dangerous: Provided, however, That before any such removal shall be made, notice of the intention so to do shall be given to the owners of the lots or to their representatives, either by registered mail, or, if their address is unknown, then by advertisement, once a week for three weeks, in a paper of general circulation in the county where the cemetery is located or has its chief place of business.
It shall be unlawful for an officer, trustee, association, corporation, or person in control of any cemetery, or a public burial ground, in the Commonwealth of Pennsylvania, to make or enforce a rule of bylaw prohibiting, or to prohibit, the erection of headstones furnished or approved by the United States Government, or by any county of the Commonwealth of Pennsylvania, for the graves of soldiers, sailors, and marines, or members of the enlisted nurse corps, who have served in the military or naval forces of the United States, or of the commonwealth; and any rule or by-law heretofore passed by any cemetery association or corporation, trustees or persons having control of any cemetery or burial ground, prohibiting the erection of such headstones, shall be void and of no effect. Any officer, person, association, corporation or person, seeking or attempting to enforce any such rule, or prohibiting the erection of any such headstone, shall, upon conviction thereof in a summary proceeding before a magistrate, alderman, or justice of the peace, be sentenced to pay a fine of not less than ten dollars nor more than one hundred dollars for each offense.
§ 41. Bodies may be removed from burial grounds by order of court to permit new buildings.
§ 42. Course to be pursued relative to removal of bodies from burial grounds.
§ 43. Removal of bodies from burial grounds which are a public nuisance, or land is required for other uses.
§ 44. Removals regulated.
§ 45. Court of quarter sessions may, upon petition of majority of managers of burial grounds, in certain cases, authorize removal of the dead bodies.
§ 46. Disposition of land and of the proceeds thereof after court authorizes removal of remains.
§ 47. Change of location of burial grounds or portions thereof; removal of bodies; title to lots conveyed; rights of lot holders.
§ 48. [Repealed.]
§ 48.1. Transfer of bodies and vacation of grounds; petition of officials.
§ 49. Sale of lands after removal of bodies.
§ 50. Application of proceeds of sale.
§ 51. Removal of remains from burial grounds unsuitable for interment; petition; jurisdiction of quarter sessions; notice of petition.
§ 52. Removal and reinterment of remains.
[to be inserted.]
§ 53. Definitions.
§ 54. Duty to disinter and reinter.
§ 55. Attendance at disinterment.
§ 56. Expenses.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
In any instance in which a cemetery company is informed or becomes aware that the cemetery company has buried or permitted the burial of a body in the wrong lot, it shall be the duty of the cemetery company to disinter the casket wrongfully buried, identify the casket and reinter it in the proper lot. The cemetery company shall give adequate advance notice of the time or times of the disinterment and reinterment to the nearest known next of kin of the deceased person and the owner or owners of the lot involved if each owner or owners have so requested.
At the time or times specified for the disinterment and reinterment, the cemetery company shall permit the nearest known next of kin and the owner or owners of the lot involved, if the owner or owners have so requested, to witness the disinterment or reinterment.
At the time of disinterment of a casket as described in section 2 [§ 54], the cemetery company shall bear all costs of the disinterment and reinterment.
§ 201. Abandoned interment rights.
§ 202. Historic burial places.
(a) General rule.-When interment rights that have been granted by a cemetery company or association are not used ofr a period of 50 years or more, they shall be deemed abandoned and shall revert to the cemetery company or association if the procedure in subsection (b) is followed.
(b) Procedure.-A cemetery company or association shall send a registered return receipt letter to the owner of record, his or her heirs or assigns or any next of kin known to the cemetery company or association of the interment rights at his or her last known address requesting the owner's current address or the names and addresses of the heirs or assigns of the owner of record. If a written response is received, the records of the cemetery company or association shall be amended accordingly, and the interment rights shall not be deemed abandoned. The receipt of this written response shall guarantee the interment rights may not be deemed abandoned for 50 years from the date the written response was received by the cemetery company or association. If the registered letter is undeliverable or if no response is received within 30 days after the registered letter was sent, the cemetery company or association shall advertise a notice of its intent to declare the rights deemed abandoned in a newspaper of general circulation in the county where the cemetery is located and also in the county of the last known address of the owner of record. If no response to the notice of intent to declare the interment rights abandoned is made on behalf of the owner of record or his or her heirs or assigns within 120 days, the interment rights shall be deemed abandoned and shall revert to the cemetery company or association. If a written response is received, the receipt of this response shall guarantee the interment rights may not be deemed abandoned for 50 years from the date the written response was received by the cemetery company or association.
(c) Rights of owner of record.-If, within 30 years after the interment rights have been abandoned, the owner of record or his or her heirs or assigns can prove to a cemetery company or association or a court of competent jurisdiction that he or she is entitled to the interment right, the cemetery company or association shall, at no cost, provide a right of interment similar to the one that was abandoned.
(a) Purpose.-The purpose of this act is to encourage caretaker organizations to restore or maintain historic burial places by limiting their liability toward persons entering such burial places.
(b) General rule.-Except as provided in subsection (d), a caretaker organization or a landowner owes no duty of care to keep a historic burial place safe for entry or use by others or to give any warning of a dangerous condition, use, structure or activity on the premises of the historic burial place to persons who enter the premises.
(c) Limitation.-Except as provided in subsection (d), a caretaker organization or a landowner which either directly or indirectly invites or permits any person to enter the premises of the historic burial place without charge does not thereby:
(d) Willful or malicious actions.-Nothing in this act limits in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity on the premises of a historic burial place.
(e) Construction.-Nothing in this section shall be construed to:
(f) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
§ 211. Short title.
§ 212. Definitions.
§ 213. Restriction on alienation and use of historic burial places.
§ 214. Restrictions on removal of tombs, monuments, etc.
§ 215. Offenses.
This act shall be known and may be cited as the Historic Burial Places Preservation Act.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(a) Restriction.-No municipality shall alienate or condemn through eminent domain proceedings a historic burial place or appropriate a historic burial place to any use other than that of a burial ground. No portion of any such burial place shall be taken for public use without the approval of the Pennsylvania Historical and Museum Commission. Should such approval not be granted within a time period, not to exceed one year from the date approval was sought, approval shall be sought from the General Assembly.
(b) Record of removal.-If any historic burial place is appropriated for any other use, and the tombs, monuments, gravestones or other memorials are removed from it, the burial ground authority shall preserve a record of the removal indicating the date of the removal and the site or place to which the removal was made. The authority shall send copies of such records to the recorder of deeds in the county in which the burial place is located and to the Pennsylvania Historical and Museum Commission.
(a) General rule.-No fence, tomb, monument or gravestone or fragment thereof within a historic burial place shall be destroyed. No fence, tomb, monument, gravestone or fragment thereof within any historic burial place shall be removed except in accordance with the provisions of this section.
(b) Procedure or lawful removal.-A gravestone or other memorial for the dead may be removed for the purpose of repair or replacement, reproduction or preservation and display in an accredited museum with:
(c) Court order for removal.-Upon written application of the consenting owner, lineal descendant or burial ground authority, the court of common pleas may, after a hearing, with notice of the hearing having been given to interested parties and otherwise as the court deems appropriate, order the removal of the gravestone or memorial if it finds that the removal is necessary or desirable for the protection and preservation of the gravestone or memorial.
(a) Destruction of tombs, monuments, gravestones, etc.-A person who, without authorization of the owner of a historic burial lot or a lineal descendant of the deceased or of the historic burial ground authority, commits a misdemeanor of the second degree if:
(b) Unlawful possession of monuments, gravestones or certain other structures.-A person commits a misdemeanor of the second degree if he possesses or sells, offers for sale or attempts to sell or transfers or disposes of any monument, gravestone, or other structure or any portion or fragment thereof placed or designed for a memorial of the dead, knowing that it has been unlawfully removed from a historic burial place.
The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.