2005 Missouri Revised Statutes - § 537.340. — Trespass on realty--treble damages recoverable, when.

537.340. If any person shall cut down, injure or destroy or carry away any tree placed or growing for use, shade or ornament, or any timber, rails or wood standing, being or growing on the land of any other person, including any governmental entity, or shall dig up, quarry or carry away any stones, ore or mineral, gravel, clay or mold, or any ice or other substance or material being a part of the realty, or any roots, fruits or plants, or cut down or carry away grass, grain, corn, flax or hemp in which such person has no interest or right, standing, lying or being on land not such person's own, or shall knowingly break the glass or any part of it in any building not such person's own, the person so offending shall pay to the party injured treble the value of the things so injured, broken, destroyed or carried away, with costs. Any person filing a claim for damages pursuant to this section need not prove negligence or intent.

(RSMo 1939 3681, A.L. 2000 H.B. 1097)

Prior revisions: 1929 3291; 1919 4242; 1909 5448

(1971) Measure of damages under this section is not the difference between value of land before and value of land after cutting of trees and court erred in instructing that it was and defendant therefore was not prejudiced by court's failure to instruct on definition of fair market value. Keener v. Black River Electric Cooperative (A.), 469 S.W.2d 657.

(2000) Section can be violated by either entering land wrongfully and felling trees or entering land with the landowner's consent and then exceeding the scope of that consent by felling trees without permission. Ridgway v. TTnT Development Corp., 26 S.W.3d 428 (Mo.App.S.D.).

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