§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.