§2809. Removal of bodies to other cemeteries.

(a) Authority.--

(1) This subsection applies to a privately owned cemetery, a borough-owned cemetery or a cemetery affiliated with a religious society or church or any other organization, when the cemetery:

(i) has ceased to be used for interments;

(ii) has become so neglected as to become a public nuisance;

(iii) hinders the improvement and progressive interests of the borough; or

(iv) is desired by the borough as a site for any public purpose.

(2) The court of common pleas may, upon compliance with subsection (b), direct the removal of the remains of the dead from a cemetery.

(b) Procedure.--

(1) A petition under this section must be made to the court by any of the following:

(i) The manager of the cemetery in charge of a religious society or church or an other organization. The following are required to utilize this subparagraph:

(A) Public notice of a meeting of the entity on the petition must be given two weeks before the meeting.

(B) At the meeting, a majority of the members of the entity must approve the petition.

(C) The petition must set forth that the cemetery has ceased to be used for interments.

(ii) If the cemetery is not under the charge of anyone, 50 residents of the borough. A petition under this subparagraph must set forth that the improvements and progressive interests of the borough are hampered and the welfare of the borough is injured by the presence of the cemetery.

(iii) The council. A petition under this subparagraph must set forth that:

(A) the cemetery has become so neglected as to become a public nuisance;

(B) the improvements and progressive interests of the borough are hampered and the welfare of the borough is injured by the presence of the cemetery; or

(C) the land is desired for a public purpose.

(2) Notice must be given by advertisement in a newspaper of general circulation once a week for three successive weeks.

(c) Private action.--A relative of the deceased individual subject to removal or another interested party of the dead may, prior to action under subsection (d), remove the remains at private expense.

(d) Public action.--

(1) The removal shall be made by:

(i) the manager of the cemetery; or

(ii) the borough if the cemetery is:

(A) not in the charge of a manager; or

(B) owned by the borough.

(2) The removal shall be made at the expense of the removing party in a careful manner.

(3) The removal shall be made:

(i) except as set forth in subparagraph (ii), to a cemetery selected by the person that makes the removal; or

(ii) upon request of a relative of the deceased individual subject to removal or another interested party, to a designated cemetery in the vicinity.

(4) Each body removed shall be placed in a separate casket and grave, and the marker over the remains of the body shall be placed as near as possible in the same relative position as before removal.

(e) Effect.--After the removal of all dead bodies from a cemetery, the land shall cease to be a cemetery or burial ground and may be acquired by the borough as other real estate is acquired for borough purposes.