Commonwealth of Pennsylvania
Historic Burial Places Preservation Act
Act of 1994, P.L. 141, No. 22
AN ACT
Providing for the preservation of historic burial places and tombs,
monuments and gravestones; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as
follows:
Section 1. Short title.
This act shall be known and may be cited as the Historic Burial
Places Preservation Act.
Section 2. Definitions.
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:
"Burial ground authority." An individual, municipality,
ecclesiastical society, cemetery association or other entity which has charge of
a historic burial place.
"Historic burial lot." An individual burial site within 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 or
listed in or eligible for the National Register of Historic Places as determined
by the Pennsylvania Historical and Museum Commission.
"Tomb." A vault containing the remains of a deceased person.
Section 3. Restriction on alienation and use of historic burial places.
(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.
Section 4. Restrictions on removal of tombs, monuments, etc.
(a) General Rule.--No fence, tomb, monument or gravestone or fragment thereof
within a historic burial place shall be destroyed. No fence, tomb, monument or
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:
--(1) the consent of the owner of the historic burial lot in which the
gravestone or memorial is placed or the consent of a lineal descendant of the
deceased or, if such owner or lineal descendant is unknown, the consent of the
burial ground authority; and
--(2) an order of the court of common pleas of the county in which the historic
burial place is located.
(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.
Section 5. Offenses.
(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:
--(1) he intentionally destroys, mutilates, defaces or removes any tomb,
monument, gravestone or other structure or any portion or fragment thereof,
placed or designed as a memorial for the dead, or any fence, railing, curb or
other enclosure for the burial of the dead in a historic burial place; or
--(2) he wantonly or maliciously disturbs the contents of any tomb or grave in a
historic burial place.
(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.
Section 6. Effective date.
This act shall take effect in 60 days.
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.
