A. Damages
The plaintiff may seek compensation from the trespasser. An action for trespass to land is actionable per se, meaning the plaintiff can seek compensation regardless of whether actual damage occurred. The measure of damages depends on the nature of the interference and the loss sustained:
- Nominal damages: Awarded where the plaintiff proves a trespass but has suffered no actual loss.
- Compensatory damages: Awarded for actual loss, such as physical damage to the land or structures. The measure is typically the diminution in the value of the land, though the cost of reinstatement may be awarded if such restoration is reasonable and the plaintiff intends to perform the work.
- Aggravated damages: Awarded for “high-handed, insulting or oppressive conduct” that causes injury to the plaintiff’s pride or dignity.
Exemplary (punitive) damages: Restricted to 3 categories: (1) oppressive or unconstitutional government action; (2) where the defendant’s conduct was calculated to make a profit exceeding potential damages; or (3) where provided for by statute.
