Alaska Statutes 09.45.735 – Trespass related to geotechnical surveys and mining
Current as of: 2023 | Check for updates
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Terms Used In Alaska Statutes 09.45.735
- action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A person who trespasses upon the land of another to gather geotechnical data or take mineral resources is liable to the owner of the land for treble the amount of damages that may be assessed in a civil action. If the trespass is unintentional or involuntary or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant’s own or that of the person in whose service or by whose direction the act was done, only actual damages may be recovered.