act-1957-0-284•Pennsylvania Act 1957-284 — COMMONWEALTH PROPERTY RECOVERY ACT
Pennsylvania Act 1957-284 — COMMONWEALTH PROPERTY RECOVERY ACT
act-1957-0-2841957 Pa. Act 284Law
Act text
COMMONWEALTH PROPERTY RECOVERY ACT
Act of Jul. 5, 1957, P.L. 505, No. 284 Cl. 71
AN ACT
Relating to proceedings in connection with the unauthorized
appropriation or use of property of the Commonwealth;
prescribing the duties and authority of informers and
providing for the payment of compensation to informers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. This act shall be known as the "Commonwealth
Property Recovery Act."
Section 2. Any person who shall first inform the Department
of Justice of the Commonwealth of Pennsylvania, by writing,
signed by such person in the presence of two witnesses, of the
fact that any person, firm or corporation has, without lawful
right or authority claimed, used, appropriated, assumed or
asserted any right of use or ownership, or any incident thereof,
in any of the real property, minerals or natural resources of
the Commonwealth of Pennsylvania, and who shall supply
sufficient lawful evidence to substantiate and establish the
fact of such misappropriation of Commonwealth property and shall
fully cooperate in the prosecution of the right of the
Commonwealth to recover compensation and damages lawfully
payable to the Commonwealth by reason of the said unlawful or
unauthorized claim, use, appropriation or assumption or any
right of use or ownership, or any incident thereof, in said
property, shall receive compensation as hereinafter provided,
except that no State employe or public official shall receive
compensation for any information filed under the authority of
this act during the period of his employment or term in office,
or for a period of three (3) years thereafter, where the facts
alleged in the information came to his attention, either
directly or indirectly, as a consequence of such employment or
public office.
Section 3. All information filed under the authority of this
act shall set forth the name of the persons wrongfully asserting
or claiming any right in any property of the Commonwealth; the
location of the property unlawfully claimed, used, appropriated
or from which minerals or natural resources were claimed or
removed; the nature of the improper action giving rise to the
claim of the Commonwealth, and the estimated damage to the
Commonwealth.
Section 4. Upon receipt of an information filed under the
authority of this act, the Department of Justice shall review
the same and the evidence of the informers in support thereof,
and upon determining that the facts alleged in the information
are true and correct and that the Commonwealth has been damaged,
shall institute proper legal proceedings for the recovery of the
property of the Commonwealth and damages lawfully due the
Commonwealth.
Section 5. Upon the recovery of damages, upon the basis of
information filed under this act, the informers shall be
entitled to compensation based upon the amount of said recovery,
whether the same results from suit, settlement or otherwise. The
compensation shall be twenty-five per centum of the first fifty
thousand dollars ($50,000) of said recovery, fifteen per centum
on the excess thereof over fifty thousand dollars ($50,000) and
up to one hundred thousand dollars ($100,000); ten per centum
thereof on the excess thereof over one hundred thousand dollars
($100,000), and to two hundred thousand dollars ($200,000); five
per centum thereof on the excess over two hundred thousand
dollars ($200,000) and to three hundred thousand dollars
($300,000); and two per centum thereof on the amount in excess
of three hundred thousand dollars ($300,000). The compensation
shall be paid out of the proceeds collected as aforesaid, and
the balance of the proceeds shall be paid into the State
Treasury through the Department of Revenue.
Section 6. So much of the proceeds of any recovery, out of
an information under this act, as is necessary for the payment
of informers' fees and the fees of any attorney or attorneys
employed by the Attorney General in connection with the
Commonwealth claim, is hereby appropriated to the Department of
Justice for the payment thereof.
Section 7. This act shall take effect immediately.
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