Z-0550.1  _______________________________________________

                         SENATE BILL 5441

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State of Washington      57th Legislature     2001 Regular Session

By Senators Jacobsen and Regala; by request of Department of Fish and Wildlife

Read first time 01/23/2001.  Referred to Committee on Judiciary.

Extending liability for damage to land held or acquired under RCW 64.04.130.

    AN ACT Relating to liability for damage to property; and amending RCW 4.24.630.

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

    Sec. 1.  RCW 4.24.630 and 1999 c 248 s 2 are each amended 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, 79.40.070, or where there is immunity from liability under RCW 64.12.035.

(3) This section applies to rights and interests in land that constitute real property in RCW 64.04.130.  As used in this section, the term "goes onto the land of another" includes, but is not limited to, interference with rights or interests by the owner of the subservient estate.

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