43 CFR § 9239.5-2 - Oil.

---
identifier: "/us/cfr/t43/s9239.5-2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 9239.5-2 - Oil."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "9239.5-2"
section_name: "Oil."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "I"
subchapter_name: "TECHNICAL SERVICES (9000)"
part_number: "9230"
part_name: "TRESPASS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "R.S. 2478 and 43 U.S.C. 1201."
regulatory_source: "35 FR 9800, June 13, 1970, unless otherwise noted."
cfr_part: "9230"
---


# 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).