Illegal activities on trust lands -- Penalties.

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  • (1) A person is liable for the civil damages prescribed in Subsection (2) and is guilty of a criminal offense specified in Subsection (4) if the person intentionally, knowingly, or recklessly, and without written authorization from the director:
    • (a) removes, extracts, uses, consumes, or destroys a mineral resource, gravel, sand, soil, vegetation, water resource, 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 expiration of written authorization;
    • (e) knowingly and willfully uses trust lands for commercial gain;
    • (f) appropriates, alters, injures, or destroys an improvement or historical, prehistorical, archaeological, or paleontological resource on trust lands;
    • (g) trespasses upon, uses, commits waste, dumps refuse, or occupies trust land;
    • (h) interferes with the activities of an employee or agent of the administration on trust lands; or
    • (i) interferes with activities of a lessee or other person that have been authorized by the administration, whether or not the trust land has been withdrawn from occupancy or use pursuant to Subsection 53C-2-105(1)(b).
  • (2) A person who commits an act described in Subsection (1) is liable for damages in the amount of whichever of the following is greatest:
    • (a) three times the value at the point of sale of the mineral or other resource removed, destroyed, or extracted;
    • (b) three times the amount of damage committed;
    • (c) three times the cost to cure the damage;
    • (d) three times the value of any losses suffered as a result of interference with authorized activities; or
    • (e) three times the consideration which would have been charged by the director for use of the land during the period of trespass.
  • (3) In addition to the damages described in Subsection (2), a person found guilty of a criminal act under Subsection (1) is subject to the penalties provided in Title 76, Chapter 3, Punishments, as specified in Subsection (4).
  • (4) A violation of this section is a:
    • (a) second degree felony if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $5,000 in value;
    • (b) third degree felony if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
    • (c) class A misdemeanor if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
    • (d) class B misdemeanor if the actor's conduct causes property injury or damage, or pecuniary loss less than $500 in value.
  • (5) The director shall deposit money collected under this section in the fund in which like revenues from that land would be deposited.
  • (6) The director may award a portion of any of the damages collected under this section in excess of actual damages to the general fund of the county in which the trespass occurred as a reward for county assistance in the apprehension and prosecution of the trespassing party.




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