Laserfiche WebLink
46. The right to enter onto the Barkers' lands to perform reclamation <br />work has a monetary value in excess of $75,000.00. <br />47. Since July 14, 2003, Empire has entered onto the Barkers' lands on <br />more than one occasion for various purposes, including without limitation, to <br />perform reclamation work as required by the Act. <br />48. On each occasion when the Barkers were made aware that Empire <br />was panning to enter onto their lands, or had already entered onto their lands, <br />for any purpose, including without limitation, to perform reclamation work, the <br />Barkers notified Empire that they considered such unauthorized entries by <br />Empire to be trespass, and requested that the Company cease and desist from <br />such unauthorized entries. <br />49. Nevertheless, the Barkers are aware that Empire has continued to <br />go onto their lands despite the fact that the Company has had no legal authority <br />to do so since July 14, 2003. <br />50. The Barkers have been harmed, and continue to be harmed, by <br />Empire's actions in trespassing onto their lands. <br />51. The Barkers are entitled to be compensated for Empire's continuing <br />trespass since on or about July 14, 2003 in an amount in excess of $110,000.00. <br />SECOND COUNTERCLAIM <br />(INJUNCTIVE RELIEF AGAINST FUTURE TRESPASS <br />52. The Barkers incorporate by reference the allegations made in <br />Paragraph 36-51 hereof. <br />7 <br />