§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:

A. Damages or throws down any fence, bar or gate; leaves a gate open; breaks glass; damages any road, drainage ditch, culvert, bridge, sign or paint marking; or does other damage to any structure on property not that person's own; or   [PL 1995, c. 585, §1 (NEW).]

B. Throws, drops, deposits, discards, dumps or otherwise disposes of litter, as defined in Title 17, section 2263, subsection 2, in any manner or amount, on property not that person's own.   [PL 1995, c. 585, §1 (NEW).]

[PL 1995, c. 585, §1 (NEW).]

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.

[PL 1995, c. 585, §1 (NEW).]

3.  Damages recoverable.  The owner's damages include:

A. Actual damages, as measured by subsection 4;   [PL 1995, c. 585, §1 (NEW).]

B. Costs the owner may incur if the damage results in a violation of any federal, state or local law or ordinance and, as a result, the owner becomes the subject of an enforcement proceeding. These costs include attorney's fees, costs and the value of the owner's time spent on involvement in the enforcement proceeding; and   [PL 1995, c. 585, §1 (NEW).]

C. Reasonable attorney's fees for preparing the claim and bringing the court action under this section plus costs.   [PL 1995, c. 585, §1 (NEW).]

[PL 1995, c. 585, §1 (NEW).]

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.

[PL 1995, c. 585, §1 (NEW).]

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.

[PL 1995, c. 585, §1 (NEW).]

SECTION HISTORY

PL 1995, c. 585, §1 (NEW).