(1)  The state is not liable for any costs or damages resulting from action taken or not taken to carry out an abandoned mine reclamation plan.

Terms Used In Utah Code 40-10-25.2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) 

(a)  Subsection (1) does not preclude liability for costs or damages resulting from gross negligence or intentional misconduct by the state.

(b)  For purposes of this section, reckless, willful, or wanton misconduct constitutes gross negligence.

Enacted by Chapter 225, 1991 General Session