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    1. Re: [PAYork] York County Cemetery and Church
    2. PA Cemetery law can be found at this link _http://www.portal.state.pa.us/portal/server.pt?open=512&objID=1956&&SortOrder=120&level=3&parentCommID=1875&me nuLevel=Level_3&mode=2&in_hi_userid=2&cached=true_ (http://www.portal.state.pa.us/portal/server.pt?open=512&objID=1956&&SortOrder=120&level=3&parentCommID=1 875&menuLevel=Level_3&mode=2&in_hi_userid=2&cached=true) Here is a snipit of what you will find. _Cemetery Companies: Interment rights, restore and maintain Act of November 24, 1992 (P.L. 730, No. 110)_ (http://www.phmc.state.pa.us/bhp/protection/CEMETERY%20COMPANIES%20-%20INTERMENT%20RIGHTS,%20RESTORE%20AND%20MAINTAIN.pdf) This act states that interment rights may be deemed abandoned if they were granted by a cemetery company or burial association; if they were not used for 50 years; and if the owners or their heirs cannot be located. The act also stipulates that ownership of previously deemed abandoned grounds may be regained (or similar right may be awarded) if owners present themselves within 30 years after the interment rights have been deemed abandoned. This act also states that burial ground caretaker organizations or landowners are not obligated to keep a burial ground "safe for entry or use by others or to give any warning of a dangerous condition, use, structure, or activity on the premises of a historical burial place." However, the act also notes that burial ground caretaker organizations or landowners may be found libelous "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." Note: See below for definition of Historic burial place. _Historic Burial Places Preservation Act of April 29, 1994 (P.L. 141, No. 22)_ (http://www.phmc.state.pa.us/bhp/protection/HISTORIC%20BURIAL%20PLACES%20PRESERVATION%20ACT.pdf) This Act defines "Historic burial place" as "A tract of land that has been in existance as a burial ground for more than 100 years wherein there have been not 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." It further states that municipalities may not use eminent domain to take a historic burial ground for an alternate use. PHMC approval must be given before a burial ground is taken for "public use." If the burial ground is taken for public use, then the burial ground authority must preserve a record of what was removed. This record must be sent to the county and PHMC. Furthermore, this Act also stipulates that the following actions are illegal: the removals of a fence, tomb, monument, gravestone, or fragment. These actions are legal only if the object(s) is being removed with consent of the owner or descendent and a court order for the purpose of "repair or replacement, reproduction or preservation and display in an accredited museum." In a message dated 11/7/2008 8:21:42 P.M. Eastern Standard Time, kathy_lf@verizon.net writes: This is not true. Here is the link if you would like to read about the law. http://www.phmc.state.pa.us/bhp/protection/CEMETERY%20COMPAN IES%20-%20INTERMENT%20RIGHTS,%20RESTORE%20AND%20MAINTAIN.pdf Kathy -----Original Message----- From: payork-bounces@rootsweb.com [mailto:payork-bounces@rootsweb.com] On Behalf Of Reneelwaring@aol.com Sent: Friday, November 07, 2008 8:08 PM To: payork@rootsweb.com Subject: Re: [PAYork] York County Cemetery and Church I believe PA state law says if their hasn't been an internment in 20 years the land owner has the right to do whatever he wants with the land. Many older cemeteries in upstate PA have been destroyed because of this law. **************AOL Search: Your one stop for directions, recipes and all other Holiday needs. Search Now. (http://pr.atwola.com/promoclk/100000075x1212792382x12007984 98/aol?redir=http://searchblog.aol.com/2008/11/04/happy-holi days-from -aol-search/?ncid=emlcntussear00000001) ********* Visit the threaded archives of this list: http://archiver.rootsweb.com/th/index/PAYORK ********* Messages posted to the RootsWeb/Ancestry PAYORK Message Board are gatewayed to this Mailing List. Remember that the author of gatewayed messages may not be a list subscriber so please reply to gatewayed messages by clicking on the link and replying on the board. ************ Visit the York County, Pennsylvania USGENWEB Project at: http://www.rootsweb.com/~payork/ ------------------------------- To unsubscribe from the list, please send an email to PAYORK-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ********* Visit the threaded archives of this list: http://archiver.rootsweb.com/th/index/PAYORK ********* Messages posted to the RootsWeb/Ancestry PAYORK Message Board are gatewayed to this Mailing List. Remember that the author of gatewayed messages may not be a list subscriber so please reply to gatewayed messages by clicking on the link and replying on the board. ************ Visit the York County, Pennsylvania USGENWEB Project at: http://www.rootsweb.com/~payork/ ------------------------------- To unsubscribe from the list, please send an email to PAYORK-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message **************AOL Search: Your one stop for directions, recipes and all other Holiday needs. Search Now. (http://pr.atwola.com/promoclk/100000075x1212792382x1200798498/aol?redir=http://searchblog.aol.com/2008/11/04/happy-holidays-from -aol-search/?ncid=emlcntussear00000001)

    11/07/2008 02:17:44