---
kind: "section"
citation: "43 C.F.R. § 9239.1-3"
title: "43"
number: "9239.1-3"
heading: "Measure of damages."
url: "https://uscodex.org/cfr/43/9239.1-3"
---

# §9239.1-3. Measure of damages.

- (a) Unless State law provides stricter penalties, in which case the State law shall prevail, the following minimum damages apply to trespass of timber and other vegetative resources:
  - (1) **Administrative costs incurred by the United States as a consequence of the trespass.**
  - (2) Costs associated with the rehabilitation and stabilization of any resources damaged as a result of the trespass.
  - (3) Twice the fair market value of the resource at the time of the trespass when the violation was nonwillful, and 3 times the fair market value at the time of the trespass when the violation was willful.
  - (4) In the case of a purchase from a trespasser, if the purchaser has no knowledge of the trespass, but should have had such knowledge through reasonable diligence, the value at the time of the purchase.
- (b) The provisions of [paragraph (a)](#a) of this section shall not be deemed to limit the measure of damages that may be determined under State law.

## Notes

### Amendments

[56 FR 10176, Mar. 11, 1991, as amended at 60 FR 50451, Sept. 29, 1995]

### Authority

Authority: R.S. 2478 and 43 U.S.C. 1201.

### Source

Source: 35 FR 9800, June 13, 1970, unless otherwise noted.

### Amendments

[56 FR 10176, Mar. 11, 1991, as amended at 60 FR 50451, Sept. 29, 1995]