2021 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 3 - Damages for Conversion of Timber
§ 51-12-50. Measure of Damages for Converted Timber; Presumption

Universal Citation: GA Code § 51-12-50 (2021)
  1. When a plaintiff, other than a plaintiff under Code Section 51-12-51, recovers for timber cut or cut and carried away, the measure of damages shall be:
    1. Treble the fair market value of the trees cut as they stood;
    2. Treble the diminished fair market value of any trees incidentally harmed;
    3. Costs of reasonable reforestation activities related to the plaintiff's injury; and
    4. Attorney fees and expenses of litigation.
  2. When the defendant is a willful trespasser, the plaintiff may also recover punitive damages.
  3. When the boundary lines of the property have been clearly and accurately marked, it shall be presumed that the defendant was a willful trespasser.

(Civil Code 1895, § 3918; Civil Code 1910, § 4515; Code 1933, § 105-2013; Ga. L. 2014, p. 695, § 7/HB 790; Ga. L. 2021, p. 584, § 1/HB 90.)

The 2021 amendment, effective July 1, 2021, substituted "When a plaintiff, other than a plaintiff under Code Section 51-12-51," for "Except as provided in Code Section 51-12-51, when" at the beginning of subsection (a).

Law reviews.

- For comment on Rowland v. Gardner, 79 Ga. App. 153, 53 S.E.2d 198 (1949), see 12 Ga. B. J. 79 (1949).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Pleading and Practice
  • Application
  • Jury

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Logs and Timber, § 112 et seq.

17 Am. Jur. Pleading and Practice Forms, Logs and Timber, § 50 et seq.

C.J.S.

- 87 C.J.S., Trespass, §§ 140, 141.

ALR.

- Allowance as damages for conversion of commodities or chattels of fluctuating value, of increase in market value after the time of conversion, 40 A.L.R. 1282; 87 A.L.R. 817.

Rights and remedies in case of encroachment of trees, shrubbery, or other vegetation across boundary line, 76 A.L.R. 1111; 128 A.L.R. 1221.

Liability of owner of standing timber or timber rights for damages to the owner of the land in connection with the cutting removal of the timber by the former or his servant, or by an independent contractor, 151 A.L.R. 636.

Measure of damage for destruction of or injury to trees and shrubbery, 161 A.L.R. 549; 69 A.L.R.2d 1335.

Rights as between purchaser of timber and subsequent vendee of land, 18 A.L.R.2d 1150.

Revocation of license to cut and remove timber as affecting rights in respect of timber cut but not removed, 26 A.L.R.2d 1194.

Liability of public utility to abutting owner for destruction or injury of trees in or near highway or street, 64 A.L.R.2d 866.

Measure of damages for destruction of or injury to fruit, nut, or other productive trees, 90 A.L.R.3d 800.

Measure of damages for injury to or destruction of shade or ornamental tree or shrub, 95 A.L.R.3d 508.

Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.