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§ 11-202. Damages for wrongful mineral removal

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 11. Judgments (Refs & Annos)
Subtitle 2. Measure of Damages (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 11-202
§ 11-202. Damages for wrongful mineral removal
Minerals abstracted without fraud, negligence, or willful trespass
(a) In the absence of fraud, negligence, or willful trespass, the measure of damages for the wrongful working and abstracting of another's minerals is the value to the person from whose property they were taken at the time of the taking of the minerals in their native state, before severance.
Minerals abstracted furtively or in bad faith
(b) If the minerals were abstracted furtively or in bad faith the measure of damages is the value of the minerals ready for market without allowance for labor and expenses.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974.
Formerly Art. 75, § 41.
MD Code, Courts and Judicial Proceedings, § 11-202, MD CTS & JUD PRO § 11-202
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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