CERTIFICATION OF ENROLLMENT
SENATE BILL 6080
53rd Legislature
1994 Regular Session
Passed by the Senate March 8, 1994 YEAS 46 NAYS 1
President of the Senate
Passed by the House March 3, 1994 YEAS 91 NAYS 4 |
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6080 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
Speaker of the House of Representatives |
Secretary
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Approved |
FILED |
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Governor of the State of Washington |
Secretary of State State of Washington |
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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 Senators Owen, Oke, Hargrove, Amondson, Haugen, Snyder, Morton, M. Rasmussen and Roach
Read first time 01/12/94. Referred to Committee on Natural Resources.
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.
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