CHAPTER 214
S.P. 348 - L.D. 1167
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA �7552, sub-�3, as amended by PL 1995, c. 585, �3, is further amended to read:
3. Measure of damages. This subsection governs the measurement of damages resulting from a violation of subsection 2.
A. When agricultural or forest products have been destroyed or carried away, the owner's owner may recover as damages may be measured either by the value of the lost products themselves or by the diminution in value of the real estate as a whole resulting from the violation, whichever is greater.
B. For lost trees, the owner may claim in lieu of market value the forfeiture amounts determined in Title 17, section 2510, subsection subsections 2 and 3. In addition, the owner's damages may include the costs for regeneration of the stand in accordance with Title 12, section 8869.
C. When a monument or marker has been disturbed, removed or destroyed as prohibited in subsection 2, paragraph C, the owner's damages may include the cost of replacing engineering and surveyor services necessary to reestablish a monument or marker by a licensed surveyor and its proper location.
Effective September 19, 1997, unless otherwise indicated.
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