Section 18.33 Land and Soil
| Library | Tort Law 2016 |
1. (§18.33) Land and Soil
Nationwide, there are two competing views on damage to soil; one group applies the diminution-in-value test, and the other allows damages only for the value of the material removed. In a pre-Civil War case, Missouri focused on the value of the soil removed. Mueller v. St. Louis & Iron Mountain R.R., 31 Mo. 262 (1860). There are no recent Missouri cases to clarify this decision, but the requirement...
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