2014 Kentucky Revised Statutes CHAPTER 364 - DRIFTS, LOGS, AND TIMBER 364.130 Liability of person entering upon and cutting timber growing upon land of another -- Measure of damages.
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364.130 Liability of person entering upon and cutting timber growing upon
land of another -- Measure of damages.
(1)
(2)
(3)
Except as provided in subsection (2) of this section, any person who cuts or
saws down, or causes to be cut or sawed down with intent to convert to his
own use timber growing upon the land of another without legal right or without
color of title in himself to the timber or to the land upon which the timber was
growing shall pay to the rightful owner of the timber three (3) times the
stumpage value of the timber and shall pay to the rightful owner of the property
three (3) times the cost of any damages to the property as well as any legal
costs incurred by the owner of the timber.
(a) If a defendant can certify that prior to cutting:
1.
A signed statement was obtained from the person whom the
defendant believed to be the owner of all trees scheduled to be cut
that:
a.
All of the trees to be cut were on his property and that none
were on the property of another; and
b.
He has given his permission, in writing, for the trees on his
property to be cut; and
2.
Either:
a.
A written agreement was made with owners of the land
adjacent to the cut that the trees to be cut were not on their
property; or
b.
Owners of the land adjacent to the cut were notified in writing,
delivered by certified mail, restricted delivery, and return
receipt requested, of the pending cut and they raised no
objection,
the court may render a judgment for no more than the reasonable value
of the timber, actual damages caused to the property, and any legal costs
incurred by the owner of the timber.
(b) With respect to subsection (2)(a)2.b. of this section, if no written objection
was received from the persons notified within seven (7) days from the
date of signed receipt of mail, it shall be presumed, for the purposes of
setting penalties only, that the notified owner had no objection to the
proposed cut.
This section shall not be construed as repealing any of the provisions of KRS
514.030 of the Kentucky Revised Statutes and any penalties provided by this
chapter shall be considered as additional thereto.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 386, sec. 1, effective July 15, 1994. -Amended 1980 Ky. Acts ch. 188, sec. 281, effective July 15, 1980. -- Created
1956 Ky. Acts ch. 26, sec. 1, effective May 18, 1956.
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