40-1-12. Damages for wrongful removal of ores.
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/ut/title-40/chapter-1/40-1-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
40-1-12. Damages for wrongful removal of ores.
When damages are claimed for the extraction or selling of ore from any mine or mining claim and the defendant, or those under whom the defendant claims, holds, under color of title adverse to the claims of the plaintiff, in good faith, then the reasonable value of all labor bestowed or expenses incurred in necessary developing, mining, transporting, concentrating, selling or preparing said ore, or its mineral content, for market, must be allowed as an offset against such damages; provided, however, that any person who, wrongfully entering upon any mine or mining claim and carrying away ores therefrom, or wrongfully extracting and selling ores from any mine, having knowledge of the existence of adverse claimants in any mine or mining claim, and without notice to them, knowingly and willfully trespasses in or upon such mine or mining claim and extracts or sells ore therefrom shall be liable to the owners of such ore for three times the value thereof without any deductions either for labor bestowed or expenses incurred in removing, transporting, selling or preparing said ore, or its mineral content for market.
Amended by Chapter 365 , 2024 General Session