43-28-312 - Cutting timber from property of another Civil liability.
43-28-312. Cutting timber from property of another Civil liability.
(a) (1) Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber.
(2) If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut has marked or designated the boundary of the landowner's property incorrectly, then the landowner is jointly liable for the double damages.
(b) Civil liability for knowingly and intentionally cutting timber from the property of another is in an amount treble that of the current market value of the timber.
(c) Nothing in this section precludes an owner of property on which timber has been cut by another from recovering damages for loss of value other than commercial timber value, if any, of the timber negligently or intentionally cut.
(d) Current market value, as used in this section, applies to the property in question that is standing timber; therefore, the current market value is that of the timber before being cut.
[Acts 1991, ch. 455, § 1; 1992, ch. 875, § 1.]