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good faith trespass

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 331 U.S. 440 - United States v. Wyoming · 1947Most cited · 184 citing opinions

One who 'wilfully' or 'in bad faith' trespasses on the land of another, and removes minerals, is liable to the owner for their full value computed as of the time the trespasser converted them to his own use, by sale or otherwise, but that an 'innocent' trespasser, who has acted 'in good faith,' may deduct from such value the expenses of extraction. The 'good faith' contemplated by these rules is something more than the trespasser's assertion of a colorable claim to the converted minerals.