Bill Text: IL SB3289 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Wrongful Tree Cutting Act. Defines "land with a primary purpose of preservation or conservation". Provides that any party found to have intentionally cut or knowingly caused to be cut any timber or tree on land with a primary purpose of preservation or conservation that he or she did not have the legal right to cut or caused to be cut must pay the owner of the timber or tree 3 times stumpage value plus all remediation costs. Provides that nothing in the Act limits the rights provided under other law of an owner of land with a primary purpose of preservation or conservation. Provides that the court may not use the diminution of market value in determining damages. Provides that the court shall allow a plaintiff who prevails to recover the cost of expenses incurred. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Engrossed - Dead) 2016-05-11 - Added Alternate Co-Sponsor Rep. Laura Fine [SB3289 Detail]

Download: Illinois-2015-SB3289-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wrongful Tree Cutting Act is amended by
changing Sections 1, 2, 3, and 4 and by adding Sections 2.5,
2.6, 2.7, 2.8, 3.5, 4.5, and 4.7 as follows:
(740 ILCS 185/1) (from Ch. 96 1/2, par. 9401)
Sec. 1. As used in this Act, unless the context otherwise
requires, the term:
(a) "Stumpage value" means the value of timber as it stands
uncut in terms of an amount per unit of volume expressed as
dollar value per board foot for that portion of a tree or
timber deemed merchantable by Illinois forest products markets
standing tree.
(b) "Department" means the Department of Natural
Resources.
(c) "Director" means the Director of Natural Resources.
(d) "Party" means any person, partnership, firm,
association, business trust or corporation.
(e) "Protected land" means land in public or private
ownership that is:
(1) subject to a permanent conservation right
consistent with the Real Property Conservation Rights Act;

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(2) registered or designated as a Nature Preserve,
buffer or Land and Water Reserve under the Illinois Natural
Areas Preservation Act;
(3) owned by a conservation land trust meeting
requirements as set forth in Section 501(c) of the United
States Internal Revenue Code; or
(4) owned by a local, State, or federal agency and
primarily used for one or more conservation purposes, such
as wildlife habitat, erosion control, energy conservation,
natural community restoration, general reforestation,
timber production, or research.
(f) "Qualified professional forester or ecological
restoration professional" means a person who holds any
necessary licenses and has performed the type of remediation
work necessary as part of the person's profession for greater
than 30% of his or her working hours during each of the
preceding 3 years.
(Source: P.A. 89-445, eff. 2-7-96.)
(740 ILCS 185/2) (from Ch. 96 1/2, par. 9402)
Sec. 2. Except as provided in Sections 2.5, 2.7, and 7, any
Any party found to have intentionally cut or knowingly caused
to be cut any timber or tree, other than a tree or woody plant
referenced in the Illinois Exotic Weed Act, which he or she did
not have the full legal right to cut or cause caused to be cut
shall pay the owner of the timber or tree 3 times its stumpage

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value.
(Source: P.A. 84-138.)
(740 ILCS 185/2.5 new)
Sec. 2.5. Trees intentionally cut or knowingly caused to be
cut on protected land. Any party found to have intentionally
cut or knowingly caused to be cut any standing timber or tree,
other than a tree or woody plant referenced in the Illinois
Exotic Weed Act, on protected land, which he or she did not
have the legal right to so cut or cause to be cut, must pay 3
times stumpage value plus remediation costs to the party that
owns an interest in the land, including but not limited to
holding a conservation right to the land. Remediation costs
include one or more of the following:
(1) cleanup to remove trees, portions of trees, or
debris from trees cut, damaged, moved, placed, or left as a
result of tree cutting from perennial drainage ways or
water holding basins;
(2) soil erosion stabilization and remediation for
issues that were not pre-existing;
(3) remediation of damages to the native standing trees
and other native woody or herbaceous plant understory;
(4) remediation of damages to the native tree
understory through coppicing, planting of potted native
trees, planting of native tree seedlings as individual
practices or in combination as deemed appropriate under

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Section 3.5 of this Act. Any work under this item (4) must
be done by a qualified professional forester or ecological
restoration professional;
(5) associated exotic invasive plant species control
for a period of 3 years with one treatment per year on
those portions of the property where trees were wrongfully
cut if prior to the encroachment there had been an active
and ongoing effort made to control the plants, and due to
the disturbance, advantage was given to pre-existing or new
exotic invasive plant growth. Exotic plant control must be
done by a qualified professional forester or ecological
restoration professional;
(6) seeding of annual grass to skid trails; or
(7) staff salaries, contractor fees, and materials as
directly related, documented, and required to address
remediation costs under this Section.
(740 ILCS 185/2.6 new)
Sec. 2.6. Remediation plan. The court may order parties
that seek remediation costs for damage to protected land under
Section 2.5 to develop a remediation plan pursuant to Section
3.5 of this Act. The remediation plan shall delineate the steps
to address remediation costs identified under Section 2.5 of
this Act.
(740 ILCS 185/2.7 new)

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Sec. 2.7. Trees intentionally cut or knowingly caused to be
cut or damaged in residential areas. Any party that, without
the legal right, intentionally cut or severely damaged, or
knowingly caused to be cut or damaged any live and standing
tree or woody plant in a residential yard must:
(1) pay the owner of the property 2 times the value of
the cut or severely damaged tree or woody plant or 2 times
the reduced value resulting from light to moderate damage
to the tree or woody plant, which at a minimum is based on
value consistent with the current International Society of
Arboriculture (ISA) Guide for Plant Appraisal. Appraisals
utilizing the ISA Guide must be calculated and established
by a certified arborist or professional consulting
forester, either of which is and has been practicing his or
her profession for a minimum of 50% of his or her working
hours for the previous 3 years;
(2) pay the owner repair costs to remove all tree or
woody plant debris resulting from wrongful cutting or
damage; and
(3) pay the owner the cost to repair landscaping
plants, materials, and vegetation if the items were damaged
in the process or as a result of wrongful cutting or
damage.
(740 ILCS 185/2.8 new)
Sec. 2.8. Remedies. Nothing in this Act limits the rights

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of a party to pursue causes of action under other laws,
including any available common law remedies for damages. A
plaintiff may bring an action and recover damages under any
applicable Section of this Act; however, if more than one
Section applies to a given wrongfully cut tree, the plaintiff
may bring an action and recover damages under only one
applicable Section of this Act.
(740 ILCS 185/3) (from Ch. 96 1/2, par. 9403)
Sec. 3. The courts of this State may order the Director or
his representative to secure 3 three independent value
appraisals to determine the stumpage value of wrongfully cut
timber or trees under Section 2 of this Act. Such order must
shall state the reason the value information is needed, the
parties involved in the action, the area to be examined and
other information needed by the Department to carry out its
responsibilities. The court must instruct all All parties to
the court action shall be instructed to make themselves
available to the Department at reasonable times to assist in
the location of areas and material to be examined. Unless
otherwise ordered by the court, the parties shall bear equally
the cost of expenses Expenses incurred, including but not
limited to those for surveys, consulting services, attorney's
fees, and administrative costs, shall be borne equally by the
parties unless otherwise ordered by the court. The court shall
allow a plaintiff who prevails to recover the cost of expenses

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incurred.
(Source: P.A. 84-138.)
(740 ILCS 185/3.5 new)
Sec. 3.5. Court-ordered determination of costs. The court,
upon evaluating whether independent appraisals are necessary
and appropriate in matters arising under Section 2.5 of this
Act, may order up to 3 independent appraisals of stumpage
value, and further order the development of a plan detailing
remediation strategies and their estimated cost, in
conformance with Section 2.6 of this Act. Appraisals of
stumpage value must be conducted by a professional consulting
forester, who is and has been practicing his or her profession
for a minimum of 50% of his or her working hours for the
previous 3 years. Remediation plans must be prepared in
consultation with a professional forester or biologist
experienced in ecosystem restoration following a timber
harvest, and may be implemented by the landowner or the
landowner's designee. The court shall determine which party
will bear the expense of conducting the appraisals and
developing the remediation plan. The court may request that the
Director or his or her representative assist in securing
independent appraisals and advise the court as to adequacy of
costs and measures in the remediation plan. The court shall
allow a plaintiff who prevails to recover the cost of expenses
incurred.

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(740 ILCS 185/4) (from Ch. 96 1/2, par. 9404)
Sec. 4. Within 90 30 days after the Department is ordered
to establish value appraisals under Section 3, it shall notify
the court of its findings of value and expenses. The court
shall then average the appraisals and award triple the average
value and make final determination as to which party or parties
shall pay expenses. The failure of any party to make full
payment within the time limits set by the court or to cooperate
with the Department shall be considered contempt of court.
(Source: P.A. 84-138.)
(740 ILCS 185/4.5 new)
Sec. 4.5. Department assistance. If the court requests
assistance from the Department pursuant to Section 3.5 of this
Act, within 90 days after the Department is provided
independent appraisals and remediation plans for review, the
Department shall provide the appraisals or valuations,
remediation plan, and advice to the court. Otherwise, the
parties shall directly provide the court with any ordered
appraisals or valuations and a remediation plan pursuant to
Section 3.5 of this Act. The court shall then make a final
determination on the adequacy of the remediation plan and the
appraised value to address remediation costs under Section 2.5
of this Act. The court shall award triple the stumpage value
plus remediation costs and expenses in accordance with any

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approved remediation plan.
(740 ILCS 185/4.7 new)
Sec. 4.7. Use of award. Monetary awards for remediation
costs of wrongfully cut trees under Section 2.5 of this Act
must be used for costs related to remediation, restoration, or
enhancement of the conservation value of the impacted property
for protection, restoration, or enhancement. This Section does
not apply to the use of awards for the stumpage value of trees
wrongfully cut.
Section 99. Effective date. This Act takes effect upon
becoming law.