If the materials, plants, or seed belong to a third person who has not acted in bad faith, the owner of the land shall be liable, subsidiarily, for their value, and only in the event that the person who made use of them has no property with which to pay.
This provision shall not be applied if the owner make use of the right granted him by § 1166 of this title.
History —Civil Code, 1930, § 301.