H-4109.1          _______________________________________________

                                  HOUSE BILL 2434

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State of Washington              54th Legislature             1996 Regular Session

By Representatives Blanton and Jacobsen

Read first time 01/10/96.  Referred to Committee on Natural Resources.

Authorizing payment of attorneys' fees and costs in actions for damages to trees, timber, or shrubs.

     AN ACT Relating to payment of attorneys' fees and costs in actions for damages to trees, timber, or shrubs; and amending RCW 64.12.030 and 64.12.040.

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

     Sec. 1.  RCW 64.12.030 and Code 1881 s 602 are each amended to read as follows:

     Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, village, town, or city lot, or cultivated grounds, or on the commons or public grounds of any village, town, or city, or on the street or highway in front thereof, without lawful authority, in an action by such person, village, town, or city against the person committing such trespasses or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be, including reasonable attorneys' fees and costs.

     Sec. 2.  RCW 64.12.040 and Code 1881 s 603 are each amended to read as follows:

     If upon trial of such action it shall appear that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was his or her own, or that of the person in whose service or by whose direction the act was done, or that such tree or timber was taken from uninclosed woodlands, for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall only be given for single damages, including reasonable attorneys' fees and costs.

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