Title 40 Mines and Mining Chapter 10 Coal Mining and Reclamation Section 25.2 Liability limitation for abandoned mine reclamation.
40-10-25.2.Liability limitation for abandoned mine reclamation.
(1) The state is not liable for any costs or damages resulting from action taken or not
taken to carry out an abandoned mine reclamation plan.
(2) (a) Subsection (1) does not preclude liability for costs or damages resulting from
gross negligence or intentional misconduct by the state.
(b) For purposes of this section, reckless, willful, or wanton misconduct constitutes gross
negligence.
Enacted by Chapter 225, 1991 General Session
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