6080 AMH JUD PERR 01

SB 6080 ‑ H COMM AMD ADOPTED 03/03/94

By Committee on Judiciary                            

     Strike everything after the enacting clause and insert the following:

     "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, 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, 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."

EFFECT:  Expands coverage to all land, not just open space or agricultural land.  Removes occupying or using land as the basis for treble damages.  Limits treble damages for property removal to the removal of timber, crops, minerals and other similar valuable property.