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SENATE BILL 6080
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AS AMENDED BY THE HOUSE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
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; amending RCW
79.01.760; adding a new section to chapter 4.24 RCW; and prescribing penalties.
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 the land of another and who removes timber, crops, minerals, or
other similar valuable property from the land, or wrongfully causes waste or
injury to the land, or wrongfully injures personal property or improvements to
real estate on the land, is liable to the injured party for treble the amount
of the damages caused by the 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 to so act. Damages recoverable under this
section include, but are not limited to, damages for the market value of the
property removed or injured, 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.
Sec. 2. RCW 79.01.760 and 1993 c
266 s 1 are each amended to read as follows:
(1) Every person who,
without authorization, uses or occupies public lands, removes ((anything of
value)) any valuable material as defined in RCW 79.01.038 from
public lands, or causes waste or damage to public lands, or injures publicly
owned personal property or publicly owned improvements to real property on
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, publicly owned personal property or publicly
owned improvement, 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, section 1 of this act, 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.
