H. B. 2897
(By Delegates Barker, Martin and Argento)
[Introduced
February 7, 2007
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-52 of the Code of West Virginia,
1931, as amended, relating to requiring corporations to
compensate private landowners whose property is damaged by the
corporations clearing, trimming, maintenance, and construction
activities.
Be it enacted by the Legislature of West Virginia:
That §61-3-52 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-52. Wrongful injuries to timber; criminal penalties.
(a) Any person who willfully and maliciously and with intent
to do harm unlawfully enters upon the lands of another, cuts down,
injures, removes or destroys any timber, without the permission of
the owner or his or her representative is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than three
times the value of timber injured, removed or destroyed, or
confined in the county or regional jail for thirty days, or both: Provided, That if the timber is valued at one thousand dollars or
less, the fine shall be no more than one thousand dollars:
Provided, however, That a person convicted of a first offense
violation of the provisions of this section in which the timber is
valued at more than one thousand dollars is guilty of a felony and,
upon conviction thereof, shall be confined in a state correctional
facility for not less than one nor more than two years, or fined
not more than three times the value of the timber injured, removed
or destroyed, or both fined and confined: Provided further, That
a person convicted of a second or subsequent violation of the
provisions of this section is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility for not less than one nor more than three years, or fined
not more than three times the value of the timber injured, removed
or destroyed, or both fined and confined.
(b) The necessary trimming and removal of timber to permit the
construction, repair, maintenance, cleanup and operations of
pipelines and utility lines and appurtenances of public utilities,
public service corporations and to aid registered land surveyors
and professional engineers in the performance of their professional
services, and municipalities, and pipeline companies, or lawful
operators and product purchasers of natural resources other than
timber shall not be considered a willful and intentional cutting
down, injuring, removing or destroying of timber.
(c) A private landowner shall be fairly compensated for any
decrease in value to his or her land resulting from necessary trimming and removal of timber to permit the construction, repair,
maintenance, cleanup and operations of pipelines and utility lines
and appurtenances of public utilities, public service corporations
and to aid registered land surveyors and professional engineers in
the performance of their professional services, and municipalities,
and pipeline companies, or lawful operators and product purchasers
of resources including timber.
(c) (d) The necessary trimming and removal of timber for
boundary line maintenance, for the construction, maintenance and
repair of streets, roads and highways or for the control and
regulation of traffic thereon by the state and its political
subdivisions or registered land surveyors and professional
engineers shall not be considered a willful and intentional cutting
down, injuring, removing or destroying of timber.
(d) (e) No fine or imprisonment imposed pursuant to this
section shall be construed to limit any cause of action by a
landowner for recovery of damages otherwise allowed by law. If a
person charged or convicted under the provisions of this section
enters into an agreement with a landowner to make financial
restitution for the landowner's timber damages, any applicable
statute of limitations effecting affecting the landowner's cause of
action shall be tolled from the date the agreement was entered into
until a breach of the agreement occurs.
(e) (f) If a criminal action is brought under the provisions
of this section, the county prosecutor shall publish a Class II
legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code in the county where the
property involved is located which provides a description of the
property and a general summary of the timber damages. If a
landowner suffering timber damages is not aware of those damages
prior to the publication of the Class II legal advertisement, any
applicable statute of limitations effecting affecting the
landowner's cause of action for the recovery of damages shall be
tolled from the time the damages were incurred, and may not
commence until the date the final Class II legal advertisement is
published.
NOTE: The purpose of this bill is to require corporations to
compensate private landowners whose property is damaged by the
corporation's clearing, trimming, maintenance, and construction
activities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.