Bill Text: GA HB135 | 2011-2012 | Regular Session | Comm Sub

---

Bill Title: Timber; unauthorized cutting and carrying away; change provisions

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB135 Detail]

Download: Georgia-2011-HB135-Comm_Sub.html

---

11 LC 29 4760S

The House Committee on Judiciary offers the following substitute to HB 135:

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 3 of Title 9, Chapter 4 of Title 44, and Title 51 of the Official Code of Georgia Annotated, relating to specific periods of limitation, real estate boundary determination, and torts, respectively, so as repeal provisions relating to processioning and create and change provisions relating to the unauthorized cutting or cutting and carrying away of timber; to provide for a four-year statute of limitations for actions involving the cutting or cutting and carrying away of timber from the property of another; to create a duty for landowners performing timber harvesting activities; to provide a definition; to provide that a certain right of action shall not be applicable in certain cases; to provide for measures of damages for timber conversion; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations, is amended by revising Code Section 9-3-32, relating to damages for conversion or destruction, as follows:

"9-3-32.

Actions for the recovery of personal property, or for damages for the conversion or destruction of the same, shall be brought within four years after the right of action accrues, and actions involving the unauthorized cutting or cutting and carrying away of timber from the property of another shall be brought within four years after the cutting or cutting and carrying away of trees."

SECTION 2.

Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to real estate boundary determinations, is amended by repealing Article 1, relating to processioning, and designating said article as reserved.

SECTION 3.

Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 3, relating to the liability of owners and occupiers of land, by adding a new Code section to read as follows:

"51-3-3.

It shall be the duty of an owner of land who hires an agent or contracts with another party to perform timber harvesting activities to clearly mark the accurate boundary lines of the property or area in which trees are to be harvested. An owner of land shall not be liable to neighboring landowners for damages caused during the harvesting of timber if the owner has clearly, accurately, and visibly marked the boundary lines of the property or area in which trees are to be harvested."

SECTION 4.

Said title is further amended in Code Section 51-10-6, relating to a right of action for damage to or theft of personal property, by adding a new subsection to read as follows:

"(h) This Code section shall not be applicable in cases involving the unauthorized cutting or cutting and carrying away of timber from the property of another."

SECTION 5.

Said title is further amended by revising Code Section 51-12-50, relating to measure of damages for timber conversion, as follows:

"51-12-50.

(a) A plaintiff who recovers for injuries to real estate for timber cut or cut and carried away under Chapter 9 of this title shall be entitled to attorney's fees, expenses of litigation, and:

(1) Damages based on the difference in the property value before and after the cutting of the trees; or

(2) Treble the fair market value of the trees cut as they stood and the costs of reasonable reforestation activities related to the plaintiff's injury.

(b) Except as provided in Code Section 51-12-51, where when a plaintiff recovers damages under Chapter 10 of this title for timber cut or cut and carried away, the measure of damage: damages shall be treble the fair market value of the trees cut as they stood and the costs of reasonable reforestation activities related to the plaintiff's injury, attorney's fees, and expenses of litigation and

(1) Where when the defendant is a willful trespasser, is the full value of the property at the time and place of demand or when an action is brought without deduction for his labor or expense; the plaintiff may also recover punitive damages.

(2) Where defendant is an unintentional or innocent trespasser or an innocent purchaser from such trespasser, is the value at the time of conversion less the value he or his vender added to the property; and

(3) Where defendant is a purchaser without notice from a willful trespasser, is the value at the time of his purchase.

(c) When boundary lines are clearly, accurately, and visibly marked, the court shall presume the defendant was a willful trespasser."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.