S-4470.3  _______________________________________________

                    SUBSTITUTE SENATE BILL 6161

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Fraser, Smith, Thibaudeau, Kohl, Fairley, Sellar, Rasmussen, Sheldon, Prince, Long, Moyer, Finkbeiner and Winsley)

Read first time 02/01/96.

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, or diminish the value of 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)) any public property of a political subdivision or right of way, without lawful authority, in ((an)) a civil action ((by such person, village, town or city against the person committing such trespasses or any of them)) for damages, 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)) awarded, 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)) in any action under RCW 64.12.030, it ((shall appear)) is determined that the ((trespass was)) defendant's actions were casual or involuntary, or that the defendant had probable cause to believe that the land on which ((such trespass was)) he or she committed the act 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.

                            --- END ---