S-1328.1 _______________________________________________
SUBSTITUTE SENATE BILL 5310
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senate Committee on Natural Resources (originally sponsored by Senator Owen)
Read first time 02/23/93.
AN ACT Relating to trespass or waste of public lands; and amending RCW 79.01.760.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 79.01.760 and 1927 c 255 s 200 are each amended to read as follows:
((The commissioner of public lands)) (1)
Every person who, without authorization, uses or occupies public lands, removes
anything of value from public lands, or causes waste or damage to public lands,
is liable to the state for treble the amount of the damages. However,
liability shall be for single damages if the department of natural resources
determines, or the person proves upon trial, that the person, at time of the
unauthorized act or acts, did not know, or have reason to know, that he or she
lacked authorization. Damages recoverable under this section include, but are
not limited to, the market value of the use, occupancy, or things removed, had
the use, occupancy, or removal been authorized; and any damages caused by
injury to the land, including the costs of restoration. In addition, the
person is liable for reimbursing the state for its reasonable costs, including
but not limited to, its administrative costs, survey costs to the extent they
are not included in damages awarded for restoration costs, and its reasonable
attorneys' fees and other legal costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, or 79.40.070.
(3) The department of natural resources is authorized and directed to investigate all trespasses and wastes upon, and damages to, public lands of the state, and to cause prosecutions for, and/or actions for the recovery of, the same, to be commenced as is provided by law.
--- END ---