H-3542.1  _______________________________________________

                          HOUSE BILL 2674

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representative Pruitt

Read first time 01/19/94.  Referred to Committee on Judiciary.

Damaging property used for outdoor recreation.

    AN ACT Relating to wrongfully damaging property open to the public for outdoor recreation purposes; and adding a new section to chapter 4.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

    (1) Every person who goes onto land open to members of the public for outdoor recreation purposes under RCW 4.24.210 and who wrongfully uses or occupies the land, wrongfully removes anything of value from the land, or wrongfully causes waste or injury to the land, is liable to the injured party for treble the amount of the damages caused by the use, occupation, removal, waste, or injury.  For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacked authorization.  Damages recoverable under this section include, but are not limited to, damages for the market value of the use, occupancy, or things removed, and for injury to the land, including the costs of restoration.  In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.

    (2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, 79.01.760, or 79.40.070.

                            --- END ---