Bill Text: NJ A928 | 2012-2013 | Regular Session | Introduced
Bill Title: Revises penalty for destruction of, or damage to, trees, saplings, shrubs or other plants; repeals current law thereon.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Engrossed - Dead) 2013-06-20 - Received in the Senate, Referred to Senate Environment and Energy Committee [A928 Detail]
Download: New_Jersey-2012-A928-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblywoman Wagner
SYNOPSIS
Revises penalty for destruction of, or damage to, trees, saplings, shrubs or other plants; repeals current law thereon.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning replacement of destroyed or damaged trees, saplings, shrubs or other plants, supplementing Title 4 of the Revised Statutes, and repealing R.S.4:17-9 and R.S.4:17-10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The owner of a damaged or destroyed tree, sapling, shrub, flowers, vines, or other plants may bring an action in Superior Court against the person who cut, felled, carried away, boxed, bored, or otherwise damaged or destroyed the tree, sapling, shrub, flowers, vines, or other plants for the cost of replacement. The replacement cost shall include delivery and labor charges for planting a replacement tree, sapling, or shrub or the replacement flowers, vines, or other plants. The court shall determine the replacement cost based on no less than three cost estimates obtained by the owner of the damaged or destroyed tree, sapling, shrub, flowers, vines, or other plants.
b. This section shall not apply to public utility companies or their agents engaged in the performance of public utility company duties.
2. R.S.4:17-9 and R.S.4:17-10 are hereby repealed.
3. This act shall take effect immediately.
STATEMENT
This bill authorizes the owner of a damaged or destroyed tree, sapling, or shrub, or damaged or destroyed flowers, vines, or other plants, to bring an action in Superior Court for the cost of replacement. The bill further provides that the replacement cost would include delivery and labor charges for planting a replacement tree, sapling, or shrub or the replacement of flowers, vines, or other plants. The court would determine the replacement cost based on no less than three cost estimates obtained by the owner of the damaged or destroyed tree, sapling, shrub, flowers, vines, or other plants. The bill provides an exemption for public utilities performing their duties under R.S.4:17-9. Finally, the bill repeals R.S.4:17-9 (enacted in 1926) and R.S.4:17-10 (enacted in 1877), because they no longer reflect the current cost of replacing damaged trees and other plants or current jurisprudence for handling these types of court actions.
