S-3847.1                   _______________________________________________

                                                     SENATE BILL 6080

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators Owen, Oke, Hargrove, Amondson, Haugen, Snyder, Morton, M. Rasmussen and Roach

Read first time 01/12/94.  Referred to Committee on Natural Resources.

Prohibiting wrongful property damage to agricultural and forest lands.

          AN ACT Relating to wrongful property damage to agricultural and forest lands; adding a new section to chapter 4.24 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  The legislature finds that forest lands and agricultural lands, which are generally located in sparsely populated and remote areas, are particularly vulnerable to wrongful property damage, especially vandalism and theft; and that wrongful property damage presents a serious economic threat to many owners of forest and agricultural lands.  Section 2 of this act is enacted to help prevent wrongful property damage to such lands.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) Every person who goes onto open space land as defined in this section 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 lacks authorization therefor.  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) For purposes of this section, "open space land" means any land that, at the time of the wrongful act or acts, is (a) "farm and agricultural land" with current use classification under chapter 84.34 RCW; (b) "timber land" with current use classification under chapter 84.34 RCW; (c) "forest land" with forest land valuation under chapter 84.33 RCW; or (d) lands designated as "agricultural lands" or "forest lands" under RCW 36.70A.170.

          (3) 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.

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