


                               SUBCHAPTER C
                    PROTECTION OF COMMISSION PROPERTY

     Sec.
     741.  Commission actions for damage to buildings or property.
     § 741.  Commission actions for damage to buildings or property.
        (a)  Declaration of policy.--By virtue of the continued
     expenditure of its funds and its efforts to provide as much land
     as possible for recreational activities which are consistent
     with the intent of this title, the commission has sufficient
     interest in the maintenance and care of any lands, buildings,
     appurtenances, waters and the flora and fauna, minerals, oil or
     gas thereon to promulgate regulations which are necessary to
     preserve and protect the users, improvements, lands and
     buildings under its control.
        (b)  General rule.--The commission shall promulgate
     regulations to protect users, improvements, lands and buildings
     under its control. These regulations shall cover, but need not
     be limited to:
            (1)  Removal of any material.
            (2)  Damage of any kind.
            (3)  Any other regulations required to properly protect
        and preserve these lands for their intended use.
        (c)  Penalty.--A violation of regulations promulgated under
     this section is a summary offense of the fifth degree.
        (d)  Recovery of damages.--When any person causes damage to
     commission-controlled lands or buildings and a satisfactory
     settlement in the form of a donation to the Game Fund cannot be
     reached between the director's designee and the person
     responsible for the damages, the commission, as an agency of the
     Commonwealth authorized to protect and preserve lands under
     their control, may bring civil actions on behalf of the
     Commonwealth for the value of any damage done or materials of
     any kind removed from their lands or buildings. In addition, the
     commission is entitled to recover the costs of gathering the
     evidence, including testimony, in any civil action brought under
     this section where the defendant is found liable for damages.

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Last modified: November 27, 2007