45-5A-4.1 Treble damages for failure to negotiate in good faith.
Treble damages for failure to negotiate in good faith.
If any mineral developer
fails or refuses to conduct good faith negotiations with the surface owner to determine damages
pursuant to § 45-5A-4, whether or not arising out of an existing contract or lease, the court, in any
subsequent litigation arising out of the mineral developer's failure or refusal to negotiate in good
faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner.
Source: SL 2013, ch 225, § 1.