Commonwealth of Pennsylvania
Cemetery Companies - Interment Rights, Restore and Maintain Act of
1992, P.L, 730, No. 110
AN ACT
Section 1. Abandoned interment rights.
(a) General Rule.--When interment rights that have been granted by a
cemetery company or association are not used for 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 of 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, which notice
shall contain the name and business address of the cemetery and the name
of the last 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 heirs or assigns within 120 days, the interment right
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 right has 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.
Section 2. Historic burial places.
(a) Purpose.--The purpose of this act is to encourage caretaker
organizations to restore and 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 owes no duty of care to keep a historic burial place safe
fro 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) Limitations.--Except as provided in subsection (d), a caretaker
organization which either directly or indirectly invites or permits any
person to enter the premises of the historic burial place without charge
does not thereby:
- Extend any assurance that the premises are safe for any purpose.
- Confer upon such person the legal status of an invitee or licensee
to whom a duty of care is owed.
- Assume responsibility for or incur liability for any injury to
persons or property by an act of omission of such persons.
(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:
- Create a duty of care or ground of liability for injury to persons
or property.
- Relieve any person entering upon the premises of a historic burial
place from any obligation which he may have in the absence of this
act to exercise care in his use of the premises and in his
activities on the premises or from the legal consequences of failure
to employ such care.
(f) Definitions.--As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
"Caretaker organization." A nonprofit organization under
section 501(c)(3) of the Internal Revenue Code of 1954 (68A Stat. 3, 26
U.S.C. § 501(c)(3)) which owns or otherwise assumes responsibility for
the restoration and maintenance of a historic burial place.
"Historic burial place." A tract of land that has been in
existence as a burial ground for more than 100 years wherein there have
been no burials for at least 50 years and wherein there will be no
future burials.
Section 3. Effective date.
This act shall take effect immediately
WARNING. This document was originally printed from a computer file
maintained by the Legislative Reference Bureau. Any discrepancies
between the official published version and this document will be
resolved in favor of the published version.
Provided through the courtesy of Pennsylvania State Senator Noah W.
Wenger, 36th Senatorial District.
