§ 861 — Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon

§ 861. Action for cutting, removing, injuring or destroying trees or\ntimber, and damaging lands thereon. 1. If any person, without the\nconsent of the owner thereof, cuts, removes, injures or destroys, or\ncauses to be cut, removed, injured or destroyed, any underwood, tree or\ntimber on the land of another or on the common or other land of a city,\nvillage, town or county, or damages the land in the course thereof, an\naction may be maintained against such person for treble the stumpage\nvalue of the tree or timber or two hundred fifty dollars per tree, or\nboth and for any permanent and substantial damage caused to the land or\nthe improvements thereon as a result of such violation. Such reparations\nshall be of such kind, nature and extent as will reasonably restore the\nlands affected by the violation to their condition immediately before\nthe violation and may be made by physical restoration of such lands\nand/or by the assessment of monetary payment to make such restoration.\n 2. In any action brought pursuant to subdivision one of this section,\nif the defendant establishes by clear and convincing evidence, that when\nthe defendant committed the violation, he or she had cause to believe\nthe land was his or her own, or that he or she had an easement or right\nof way across such land which permitted such action, or he or she had a\nlegal right to harvest such land, then he or she shall be liable for the\nstumpage value or two hundred fifty dollars per tree, or both and\nreasonable costs associated with maintaining an action pursuant to this\nsection. In such case, the defendant shall also be liable for any\npermanent and substantial damage caused to the land or the improvements\nthereon as a result of such violation. Such reparations shall be of such\nkind, nature and extent as will reasonably restore the lands affected by\nthe violation to their condition immediately before the violation and\nmay be made by physical restoration of such lands and/or by the\nassessment of monetary payment to make such restoration.\n 3. For the purposes of this section "stumpage value" shall mean the\ncurrent fair market value of a tree as it stands prior to the time of\nsale, cutting, or removal. Stumpage value shall be determined by one or\nmore of the following methods: the sale price of the tree in an\narm's-length sale, a review of solicited bids, the stumpage price report\nprepared by the department of environmental conservation, comparison\nwith like sales on trees on state or private lands, or other appropriate\nmeans to assure that a fair market value is established within an\nacceptable range based on the appropriate geographic area.\n