§ 53C-2-301. Trespassing on trust lands -- Penalties.

(1) A person is liable for the civil damages prescribed in Subsection (2) and, unless a greater penalty is prescribed in another part of the law, is guilty of a class B misdemeanor if the person, without written authorization from the director:

(a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel, sand, soil, vegetation, water resource, or improvement on trust lands;

(b) grazes livestock on trust lands;

(c) uses, occupies, or constructs improvements or structures on trust lands;

(d) uses or occupies trust lands for more than 30 days after the cancellation or expiration of written authorization;

(e) knowingly and willfully uses trust lands for commercial gain;

(f) appropriates, alters, injures, or destroys any improvement or any historical, prehistorical, archaeological, or paleontological resource on trust lands;

(g) trespasses upon, uses, commits waste, dumps refuse, or occupies trust land;

(h) interferes with the activities of an employee or agent of the administration on trust lands; or

(i) interferes with activities of a lessee or other person which have been authorized by the administration.

(2) A person who commits any act described in Subsection (1) is liable for damages in the amount of whichever of the following is greatest:

(a) three times the value at the point of sale of the mineral or other resource removed, destroyed, or extracted;

(b) three times the amount of damage committed;

(c) three times the cost to cure the damage;

(d) three times the value of any losses suffered as a result of interference with authorized activities; or

(e) three times the consideration which would have been charged by the director for use of the land during the period of trespass.

(3) In addition to the damages described in Subsection (2), a person found guilty of a criminal act under Subsection (1) is subject to the penalties provided in Title 76, Chapter 3, Punishments.

(4) The director shall deposit money collected under this section in the fund in which like revenues from that land would be deposited.

(5) The director may award a portion of any of the damages collected under this section in excess of actual damages to the general fund of the county in which the trespass occurred as a reward for county assistance in the apprehension and prosecution of the trespassing party.

Amended by Chapter 247, 2011 General Session