§ 14 §7551-B — Trespass damages

1.
Prohibition.
A person who intentionally enters the land of another without permission and causes damage to property is liable to the owner in a civil action if the person:
2.
Liability.
If the damage to the property is caused intentionally, the person is liable to the owner for 2 times the owner's actual damages plus any additional costs recoverable under subsection 3, paragraphs B and C. If the damage to the property is not caused intentionally, the person is liable to the owner for the owner's actual damages plus any additional costs recoverable under subsection 3, paragraphs B and C.
3.
Damages recoverable.
The owner's damages include:
4.
Measure of damages.
For damage to property under subsection 1, paragraph A, the owner's damages may be measured either by the replacement value of the damaged property or by the cost of repairing the damaged property. For damages for disposing of litter, the owner's damages include the direct costs associated with properly disposing of the litter, including obtaining permits, and the costs associated with any site remediation work undertaken as a result of the litter.
5.
Other actions barred.
A recovery from a defendant under this section bars an action to recover damages under section 7552 from that defendant for the same specific damage.

Legislative History

PL 1995, c. 585, §1 (NEW).