53C-2-301 - Trespassing on trust lands -- Penalties.
53C-2-301. Trespassing on trust lands -- Penalties.
(1) A person is liable for the civil damages prescribed in Subsection (2) and, unless agreater penalty is prescribed in another part of the law, is guilty of a class B misdemeanor if theperson, without written authorization from the director:
(a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand,soil, vegetation, or improvement on trust lands;
(b) grazes livestock on trust lands;
(c) uses, occupies, or constructs improvements or structures on trust lands;
(d) uses or occupies trust lands for more than 30 days after the cancellation or expirationof written authorization;
(e) knowingly and willfully uses trust lands for commercial gain;
(f) appropriates, alters, injures, or destroys any improvement or any historical,prehistorical, archaeological, or paleontological resource on trust lands;
(g) trespasses upon, uses, or occupies trust land;
(h) interferes with the activities of an employee or agent of the administration on trustlands; or
(i) interferes with activities of a lessee or other person which have been authorized by theadministration.
(2) A person who commits any act described in Subsection (1) is liable for damages inthe amount of:
(a) three times the value of the mineral or other resource removed, destroyed, orextracted;
(b) three times the amount of damage committed;
(c) three times the value of any losses suffered as a result of interference with authorizedactivities; or
(d) three times the consideration which would have been charged by the director for useof the land during the period of trespass, whichever is greater.
(3) In addition to the damages described in Subsection (2), a person found guilty of acriminal act under Subsection (1) is subject to the penalties provided in Title 76, Chapter 3,Punishments.
(4) The director shall deposit money collected under this section in the fund in which likerevenues from that land would be deposited.
(5) The director may award a portion of any of the damages collected under this sectionin excess of actual damages to the general fund of the county in which the trespass occurred as areward for county assistance in the apprehension and prosecution of the trespassing party.
Amended by Chapter 72, 1997 General Session