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.
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1996–2021 · leading case:
Commonwealth v. Rood, 686 A.2d 442 (Pa. Commw. Ct. 1996).
Commonwealth v. Rood, 686 A.2d 442 (Pa. Commw. Ct. 1996).
· cites it 2× “Thereafter, Officer Lander continued the investigation that had been prompted by the anonymous caller and, pursuant to his authority under Section 741 of the Code, 34 Pa.C.S. § 741, to “go upon any land outside of buildings” in performing his duties, proceeded through a field in…”
Commonwealth of Pennsylvania v. Monsanto Co., 269 A.3d 623 (Pa. Commw. Ct. 2021).
· cites it 3× “” 34 Pa.C.S. § 741(a). The GC may promulgate regulations to protect users, improvements, lands and buildings under its control from “[d]amages of any kind” and “to properly protect and preserve these lands for their intended use.”
34 Pa. Cons. Stat. § 741(a): 1 case
Commonwealth of Pennsylvania v. Monsanto Co., 269 A.3d 623 (Pa. Commw. Ct. 2021).
“” 34 Pa.C.S. § 741(a). The GC may promulgate regulations to protect users, improvements, lands and buildings under its control from “[d]amages of any kind” and “to properly protect and preserve these lands for their intended use.”
34 Pa. Cons. Stat. § 741(b)(2): 1 case
Commonwealth of Pennsylvania v. Monsanto Co., 269 A.3d 623 (Pa. Commw. Ct. 2021).
“” 34 Pa.C.S. § 741(a). The GC may promulgate regulations to protect users, improvements, lands and buildings under its control from “[d]amages of any kind” and “to properly protect and preserve these lands for their intended use.”
34 Pa. Cons. Stat. § 741(d): 1 case
Commonwealth of Pennsylvania v. Monsanto Co., 269 A.3d 623 (Pa. Commw. Ct. 2021).
“” 34 Pa.C.S. § 741(a). The GC may promulgate regulations to protect users, improvements, lands and buildings under its control from “[d]amages of any kind” and “to properly protect and preserve these lands for their intended use.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.