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.