2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 11 - JUDGMENTS
Subtitle 2 - Measure of Damages
Section 11-202 - Abstracting minerals from plaintiff's land.
§ 11-202. Abstracting minerals from plaintiff's land.
(a) Absence of fraud, negligence, or willful trespass.- 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.
(b) Mineral abstracted furtively or in bad faith.- 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.
[An. Code 1957, art. 75, § 41; 1973, 1st Sp. Sess., ch. 2, § 1.]
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