40-1-12 - Damages for wrongful removal of ores.
40-1-12. Damages for wrongful removal of ores.
When damages are claimed for the extraction or selling of ore from any mine or miningclaim and the defendant, or those under whom he claims, holds, under color of title adverse to theclaims of the plaintiff, in good faith, then the reasonable value of all labor bestowed or expensesincurred in necessary developing, mining, transporting, concentrating, selling or preparing saidore, 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 andcarrying away ores therefrom, or wrongfully extracting and selling ores from any mine, havingknowledge of the existence of adverse claimants in any mine or mining claim, and without noticeto them, knowingly and willfully trespasses in or upon such mine or mining claim and extracts orsells ore therefrom shall be liable to the owners of such ore for three times the value thereofwithout any deductions either for labor bestowed or expenses incurred in removing, transporting,selling or preparing said ore, or its mineral content for market.
No Change Since 1953