Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 214 - 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.1994, April 29, P.L. 141, No. 22, § 4, effective in 60 days.