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     21-3-10.   For wrongful injury to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such a sum as would compensate for the actual detriment, except where the trespass was casual and involuntary, or committed under the belief that the land belonged to the trespasser, or where the wood was taken by the authority of highway officers for the purpose of a highway; in which case the damages are a sum equal to the actual detriment actual damages shall be based upon The Guide for Plant Appraisal, Ninth Edition, as published by the International Society Arboriculture as of January 1, 2007:

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     Section 1. That § 21-3-10 be amended to read as follows:

     21-3-10.   For wrongful injury to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such a sum as would compensate for the actual detriment, except where the trespass was casual and involuntary, or committed under the belief that the land belonged to the trespasser, or where the wood was taken by the authority of highway officers for the purpose of a highway; in which case the damages are a sum equal to the actual detriment if the fact finder determines there exists willful and malicious trespass, the fact finder may award three times the amount of actual damages as punitive damages. If the wood was taken by the authority of highway officers for the purpose of repairing a public highway or bridge upon the land or adjoining

it, judgment shall only be given in a sum equal to the actual damages . "

Moved by:    Moore
Second by:    Gillespie
Action:    Was not acted on.

CHAIR DEFERRED HB1298 UNTIL FRIDAY, JANUARY 9, 2007