Statutes | Title 24 MLBSA Chapter 1 Subchapter 3 Part B ยง 255 | 2018
(a) Personal property includes any kind of property not amounting to an interest in real estate. Leases shall be considered as personal property for the purposes of this section.
(b) A trespass to a personal property may be committed by intentionally and unlawfully:
(1) Dispossessing another of the personal property or
(2) Using or interfering with the use of personal property in the possession of another, where:
(A) the personal property is impaired as to its condition, quality or value or
(B) the possessor is deprived of the use of the personal property for a substantial time or
(C) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.
(3) Disposing of personal property entrusted to the person.
(4) Mis-delivering personal property.
(5) Refusing to surrender personal property to the person entitled thereto.
(c) One who interferes with personal property in any of the ways described in subsection (b) shall be subject to liability for the damages caused. Damages may be measured by the fair market value of the item if it is no longer available to the rightful possessor or cannot be restored to his use in the condition in which it was taken or the fair rental value of the item if such value is ascertainable and any damages caused by reason of the unavailability of the personal property to the owner. Damages shall be in such form and amount as is deemed just by the court.
Historical and Statutory Notes
Source: Band Statute 1144-MLC-5, T.II, §§8 to 10.
Cross References
Malicious mischief, criminal offenses, see 24 MLBSA §1160.
Right to peaceful possession of property, see 24 MLBSA §203.