Z-0573.1 _______________________________________________
SENATE BILL 5310
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senator Owen
Read first time 01/22/93. Referred to Committee on Natural Resources.
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:
(1) Every person who shall use or occupy public lands, remove valuable resources, including but not limited to valuable materials from public lands, or cause waste upon or damage to public lands, shall be liable to the state for treble the value of damages. State's damages shall include but not be limited to the value of the use, occupancy, or valuable resources removed that the state could have received had the use, occupancy, or removal been authorized, and injury to the property. In addition, the trespasser shall be liable to reimburse the state for all reasonable costs, including but not limited to restoration costs, administrative costs, survey costs, legal costs, and attorneys' fees incurred by the state to resolve the trespass or restore the land to its original condition. However, if the department determines, or the trespasser proves upon trial that the trespass or waste was unintentional, the trespasser shall be liable only for single damages plus reasonable costs incurred by the state as authorized in this subsection.
(2) The commissioner of public lands 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 ---