40-10-25.2 - 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 nottaken to carry out an abandoned mine reclamation plan.
(2) (a) Subsection (1) does not preclude liability for costs or damages resulting fromgross negligence or intentional misconduct by the state.
(b) For purposes of this section, reckless, willful, or wanton misconduct constitutes grossnegligence.
Enacted by Chapter 225, 1991 General Session