Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 1481. Power to acquire property;  property not subject to condemnation;  nature of title

The cities of the first class, second class and second class A of this Commonwealth shall have the power, and they are hereby authorized, to acquire, procure or obtain by purchase, lease or condemnation, any land within said cities with the buildings or structures erected thereon, if any, and to construct buildings and facilities thereon for the purpose of using such land as and for parking lots or public garages whenever in the judgment of the city council acquisition of such lands may be necessary, desirable or useful for the relief or abatement of congestion in its streets or highways, except that no property in cities of the second class and second class A, which is used as a facility or facilities for the parking of motor vehicles so long as said property is continuously so used and so long as the operation of the said facility complies with parking and traffic ordinances of the city, shall be taken by condemnation for such purpose:  Provided, however, That no property devoted to a public use nor any property of a public utility company, property used for burial purposes nor places of public worship shall be condemned.  The title acquired by the city exercising the power of condemnation shall be a title in fee simple.