---
kind: "section"
citation: "43 C.F.R. § 9239.5-2"
title: "43"
number: "9239.5-2"
heading: "Oil."
url: "https://uscodex.org/cfr/43/9239.5-2"
---

# §9239.5-2. Oil.


For oil trespass in a State where there is no State law governing such trespass, the measure of damages will be as follows:

- (a) **Innocent trespass.** Value of oil taken, less amount of expense incurred in taking the same.
- (b) **Willful trespass.** Value of the oil taken without credit or deduction for the expense incurred by the wrongdoers in getting it. Mason v. United States (273 Fed. 135).

## Notes

### Authority

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

### Source

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