Maine § 14 §7552 Injury to land, forest products or agricultural products

Maine Statutes

§ 14 §7552 — Injury to land, forest products or agricultural products

Maine·Title 14 COURT PROCEDURE -- CIVIL·Part 7 PARTICULAR PROCEEDINGS·Ch. 739 WASTE AND TRESPASS TO REAL ESTATE

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Prohibitions. Without permission of the owner a person may not:

3.Measure of damages. This subsection governs the measurement of damages resulting from a violation of subsection 2.

4.Damages recoverable. Damages are recoverable as follows.

5.Costs and fees. In addition to damages, interest and costs, the owner may also recover from the person who violates subsection 2 the reasonable costs of professional services necessary for determining damages and proving the claim as long as the person first has written notice or actual knowledge that a claim is being asserted.

6.Offer of settlement. At any time after the violation but more than 10 days before trial b

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Prohibitions.
Without permission of the owner a person may not:
3.
Measure of damages.
This subsection governs the measurement of damages resulting from a violation of subsection 2.
4.
Damages recoverable.
Damages are recoverable as follows.
5.
Costs and fees.
In addition to damages, interest and costs, the owner may also recover from the person who violates subsection 2 the reasonable costs of professional services necessary for determining damages and proving the claim as long as the person first has written notice or actual knowledge that a claim is being asserted.
6.
Offer of settlement.
At any time after the violation but more than 10 days before trial begins, the person who violated subsection 2 may make a written offer to settle the owner's claim.
7.
Issues of fact.
The court sitting without a jury shall resolve issues of fact arising under subsections 5 and 6.
8.
Other actions barred.
A recovery from a defendant under this section bars an action to recover damages under section 7551‑B from that defendant for the same specific damage.

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Legislative History

PL 1977, c. 313, §1 (AMD). PL 1983, c. 362, §2 (AMD). PL 1983, c. 507, §7 (AMD). PL 1983, c. 816, §A5 (RPR). PL 1989, c. 555, §13 (AMD). PL 1995, c. 450, §2 (RPR). PL 1995, c. 585, §§2-4 (AMD). PL 1997, c. 214, §1 (AMD). PL 1999, c. 339, §1 (AMD). PL 2015, c. 241, §§1-4 (AMD). PL 2019, c. 195, §§1, 2 (AMD).