2006 Code of Virginia § 55-332 - Procedure for determination of damage

55-332. Procedure for determination of damage.

A. The owner of the land on which such trespass was committed shall have theright, within 30 days after the discovery of such trespass and the identityof the trespasser, to notify the trespasser and to appoint an experiencedtimber estimator to determine the amount of damages. For the purposes ofdetermining damages the value of the timber cut shall be calculated by firstdetermining the value of the timber on the stump. Within 30 days afterreceiving notice of the alleged trespass and of the appointment of suchestimator, the alleged trespasser, if he does not deny the fact of trespass,shall appoint an experienced timber estimator to participate with the onealready so appointed in the estimation of damages. If the two estimatorscannot agree they shall select a third person, experienced and disinterested,and the decision thereafter made shall be final and conclusive and notsubject to appeal. The estimation of damages and the rendition of statementmust be effected within 30 days from the receipt of notice of appointment, bythe trespasser, of an estimator.

If the alleged trespasser fails to appoint an estimator within the prescribedtime, or to notify, within such time, that the allegation of the fact oftrespass is disputed, the estimator appointed by the injured party may makean estimate, and collection or recovery may be had accordingly.

B. Any person who (i) severs or removes any timber from the land of anotherwithout legal right or permission or (ii) authorizes or directs the severingor removal of timber or trees from the land of another without legal right orpermission shall be liable to pay to the rightful owner of the timber threetimes the value of the timber on the stump and shall pay to the rightfulowner of the property the reforestation costs incurred not to exceed $450 peracre, the costs of ascertaining the value of the timber, and any directlyassociated legal costs incurred by the owner of the timber as a result of thetrespass.

(Code 1950, 8-907; 1977, c. 624; 1987, c. 105; 2004, cc. 604, 615.)

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