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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Unless State law provides stricter penalties, in which case the State law shall prevail, the following minimum damages apply to trespass of timber and other vegetative resources:
(1) Administrative costs incurred by the United States as a consequence of the trespass.
(2) Costs associated with the rehabilitation and stabilization of any resources damaged as a result of the trespass.
(3) Twice the fair market value of the resource at the time of the trespass when the violation was nonwillful, and 3 times the fair market value at the time of the trespass when the violation was willful.
(4) In the case of a purchase from a trespasser, if the purchaser has no knowledge of the trespass, but should have had such knowledge through reasonable diligence, the value at the time of the purchase.
(b) The provisions of paragraph (a) of this section shall not be deemed to limit the measure of damages that may be determined under State law.
Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands: Interior § 43.9239.1–3 Measure of damages - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-9239-1-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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