Statutes | Title 24 MLBSA Chapter 1 Subchapter 3 Part B ยง 254 | 2018
(a) A person is subject to liability to another for trespass, irrespective of whether he thereby causes harm, if he intentionally and unlawfully:
(1) Enters land or any house or structure on the land in the rightful possession of the other or causes a thing or third person to do so
(2) Remains on such property or
(3) Fails to remove from such property a thing which he is under a duty to remove.
(b) Extent of liability: A trespasser under this section is liable for any physical harm to the possessor of the property, or to the land, or to any personal property located thereon, or to any persons who are lawfully on the premises or their personal property, caused by any act or activity of the trespasser.
(c)(1) Where a person is entitled to a judgment for harm to land resulting from an unlawful invasion and not amounting to a total destruction in value, and damages, at the plaintiff's election, include compensation for:
(A) The difference between the value of the land before the harm and the value after the harm or the cost of restoration which has been or reasonably may be incurred, or if a separable portion of the land has been damaged, the loss in its value, and
(B) The loss of use of the land and
(C) Discomfort and annoyance, in an action brought by the occupant.
(2) The damages for past and prospective invasions of land include all detriment to the land past, present or future caused by such trespass.
Historical and Statutory Notes
Source: Band Statute 1144-MLC-5, T.II, §§7, 42.
Cross References
Criminal trespass, see 24 MLBSA §1151.