Pennsylvania Statutes Title 16 Pa.C.S.A. Counties § 16302. Restrictions as to certain property

(a) Prohibition.--Except as provided in subsection (b), land or property used for a cemetery, burying ground or place of public worship may not be taken or appropriated by virtue of a power contained in this chapter.

(b) Exception for certain counties.--The prohibition in subsection (a) shall not apply to a county of the second class A in which the land or property is taken or appropriated according to the provisions of the act of May 12, 1887 (P.L. 96, No. 47),  1 entitled “A supplement to an act, entitled ‘An act supplementary to an act relative to burial grounds and cemeteries situated in incorporated boroughs,' approved the nineteenth day of May, one thousand eight hundred and seventy-four, changing the title of said act, and authorizing the court to make orders and decrees required by the act, and to enforce the same by process, approved the thirteenth day of May, eighteen hundred and seventy-six, further empowering courts to direct removal of remains in boroughs, cities, and towns from burial grounds where interments have ceased or have become so neglected as to become a public nuisance, or such remains interfere with the improvements, extensions, and interests of such cities, boroughs, or towns.”

(c) Railroad property restrictions.--For counties of the third, fourth, fifth, sixth, seventh and eighth class, the right-of-way of a railroad company may not be acquired or occupied without the consent of the company owning or operating or in possession of the property.