Today's Law As Amended

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AB-2071 Civil damages: trees.(2011-2012)



SECTION 1.

 Section 3346 of the Civil Code is amended to read:

3346.
 (a) For intentional damage to, or removal of, timber, trees, or underwood upon the land of another, the measure of damages shall be three times the actual damages.
(a) (b)  For wrongful injuries to  Except as provided in subdivision (c), for negligent damage to, or removal of,  timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in any action brought under this section  including if the defendant  had probable cause to believe that the land on which the trespass was committed was his or her  own or the land of the person in whose service or by whose direction the act was done, the measure of damages shall be twice the sum as would compensate for the actual detriment, and excepting further that where 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, in which case judgment shall only be given in a sum equal to the actual detriment. the actual damages. 
(c) For negligent damage to, or removal of, timber, trees, or underwood upon the land of another, if the owner of the land intended to make commercial use of that timber, trees, or underwood, the measure of damages shall be two times the actual damages.
(d) If timber, trees, or underwood 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 for the actual damages.
(b) (e)  The measure of damages to be assessed against a defendant for any trespass committed while acting in reliance upon a survey of boundary lines which improperly fixes the location of a boundary line, line  shall be the actual detriment damages  incurred if both of the following conditions exist:
(1) The trespass was committed by a defendant who either himself or herself  procured, or whose principal, lessor, or immediate predecessor in title procured procured,  the survey to be made; and made. 
(2) The survey was made by a person licensed under the laws of this State state  to practice land surveying.
(c) Any action for the damages specified by subdivisions (a) and (b) of  this section must be commenced within five years from the date of the trespass.

SEC. 2.

 Section 733 of the Code of Civil Procedure is amended to read:

733.
 (a)  Any person who cuts down or carries off any wood or  wood,  underwood, tree, or timber, or girdles or otherwise injures damages  any tree or timber on the land of another person, or on the street or highway in front of any person’s house, village, or city lot, or cultivated grounds; or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority,  is liable to the owner of such that  land, or to such that  city or town, for treble  the amount of  actual  damages which that  may be assessed therefor,  in a civil action, in action by  any Court court  having jurisdiction.
(b) If an owner of land described in subdivision (a) intended to make commercial use of the wood, underwood, tree, or timber on the owner’s land, the measure of damages shall be two times the actual damages.
(c) If the cutting, carrying off, or damage to the wood, underwood, tree, or timber was intentional, the measure of damages shall be three times the actual damages.