Pennsylvania Act 1887-100 — CHURCHES, PERMITTED TO SELL CEMETERIES

Act text

CHURCHES, PERMITTED TO SELL CEMETERIES
                  Act of May 23, 1887, P.L. 168, No. 100              Cl. 09
                                  AN ACT

     To authorize the trustees, treasurers or other proper officers
        of any church, congregation, presbytery or other church
        organization, to abandon burying grounds, and to sell the
        same in fee, clear of all restriction.

        Section 1.  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 re-interred 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. (Last
     proviso repealed Apr. 28, 1978, P.L.202, No.53)