2021 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 -- Exceptions with limitations on liability.
Download as PDF
364.130 Liability of person entering upon and cutting timber growing upon
land of another -- Measure of damages -- Exceptions with limitations on
liability.
(1)
(2)
(3)
(4)
Except as provided in subsections (2) and (4) of this section, any person,
regardless of state of mind or whether the person believes to be authorized or
not, who cuts or saws down, or causes to be cut or sawed down 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 paragraph (a)2.b. of this subsection, 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.
A residential property owner or farmland owner maintaining his or her fence
row who unintentionally cuts, saws down, or otherwise removes the timber of
an adjoining property owner as the result of a good-faith mistake in the location
of an unmarked boundary line between the properties shall only be liable to the
adjoining property owner for the reasonable value of the timber, the actual
damages caused to the property, and any legal costs incurred by the adjoining
property owner if the cutting of the timber is later found to be unauthorized by a
court of competent jurisdiction.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 66, sec. 1, effective June 29, 2017. -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.
Disclaimer: These codes may not be the most recent version. Kentucky 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.
