9 Pa. Stat. § 43
When by the growth of cities, towns, and counties of the second class, and the opening of incorporated or unincorporated cemeteries in cities, or in the vicinity thereof, and in counties of the second class, or from other causes, any burial-ground privately owned and in charge of no person or persons, or any burial-ground belonging to or in charge of any religious society or church directly, or through trustees thereof, or in charge of no person, persons, church or society, or belonging to or in charge of any municipality or county of the second class, has ceased to be used for interments, or has become so neglected, as in the opinion of the court, to become a public nuisance, or that the remains of bodies interred in any such neglected or disused cemetery in any city or county of the second class interfere with and hinder the improvements, extensions, and general progressive interests of any city or county of the second class; or when the said land shall be desired by the said municipality, or in the school district thereof, or by the county of the second class, for the erection thereon of any municipal or county school, or free public library building, or for use as recreation centres or municipal or county playgrounds, or the opening, laying out, or extension through said land of any street or highway, or for any other public purposes; the court of quarter sessions of the several counties of this Commonwealth, upon petition of the managers, officers, county of the second class or municipality, or, on the petition of fifty or more citizens or residents in the vicinity, in case where such cemetery or graveyard is not in charge of any person, persons, church or society, or trustees of such society or church, setting forth that the erection, extension, improvements, and general progressive interests of such city or county of the second class are hampered and interfered with, and the welfare of such city or county is injured to the detriment thereof and of the public good, or, upon the petition of said county or municipality, or school district thereof, that the said land shall be desired by said municipality or the school district thereof or by the county of the second class for the erection thereon of any municipal, school, or free public library building, or for use as recreation centres or municipal or county playgrounds, or the opening, laying out, or extension through said land of any street or highway, or for any other public purposes, and after three weeks of advertisement or hearing in open court for the purpose, may, after a full hearing of the parties, their proofs and allegations, authorize and direct the removal of the remains of the dead from such burial grounds: Provided, That no such application shall be made by the managers, officers, or trustees of such society or church, except in pursuance of the wishes of a majority of the members of such society or church, expressed at a meeting held for that purpose after two weeks' public notice. After the removal of all dead bodies from such burial grounds, the said land shall cease to be a cemetery or burial ground for all and any purpose whatsoever, and may be acquired by the county of the second class, municipality or school district thereof as other lands are acquired for county, municipal or school purposes.
9 P.S. § 43