H. B. 3034



(By Delegates Hines, L. White, Mahan, Wills, Coleman,


Amores and Capito)


(Originating in the Committee on the Judiciary)


[March 3, 1999]


A BILL to amend and reenact section fifty-two, article three,
chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the offense of wrongful injury to timber; and making the violation of wrongful injury to timber a misdemeanor in all cases.

Be it enacted by the Legislature of West Virginia:
That section fifty-two, article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, 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 valued at more than one thousand dollars, without the permission of the owner or his or her representative is guilty of a felony misdemeanor and, upon conviction thereof, shall be fined not more than three times the value of timber injured, removed or destroyed, or imprisoned confined in a the county or regional jail for thirty days, or both fined and imprisoned: Provided, That if the timber is valued at one thousand dollars or less, the fine shall be no more than one thousand dollars.
(b) 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 valued at one thousand dollars or less, 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 one thousand dollars or imprisoned in the county or regional jail for not more than thirty days.
(c) (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 deemed a willful and intentional cutting down, injuring, removing or destroying of timber.
(d) (c) 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 deemed a willful and intentional cutting down, injuring, removing or destroying of timber.
(e) (d) 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.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.