Pennsylvania Act 1957-284 — COMMONWEALTH PROPERTY RECOVERY ACT

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.