An Act To Amend the Laws Governing the Unlawful Cutting of Trees
Sec. 1. 14 MRSA §7552, sub-§3, ¶B, as amended by PL 1999, c. 339, §1, is repealed and the following enacted in its place:
(1) The market value of the lost trees;
(2) The diminution in value of the real estate as a whole resulting from the violation;
(3) The forfeiture amounts determined in Title 17, section 2510, subsections 2 and 3; or
(4) If the lost trees are ornamental or fruit trees, the costs of replacing, replanting and restoring the trees with trees of comparable size and the same or equivalent species and the actual costs for cleanup of damage caused during the cutting.
In addition, the owner's damages for lost trees that are not ornamental or fruit trees may include the costs for regeneration of the stand in accordance with Title 12, section 8869.
The court may reduce the damages awarded for good cause shown when the cutting of trees was done negligently or without fault.
Public utilities, as defined in Title 35-A, section 102, and contractors performing work for public utilities are not liable for damages under this paragraph for lost trees the trimming or removal of which is necessary to provide safe and reliable service to the customers of the public utilities.
Sec. 2. 14 MRSA §7552, sub-§3, ¶B-1 is enacted to read:
(1) The costs of replacing, replanting and restoring the trees with trees of comparable size and the same or equivalent species and the actual costs for cleanup of damage caused during the cutting;
(2) The market value of the lost trees;
(3) The diminution in value of the real estate as a whole resulting from the violation; or
(4) The forfeiture amounts determined in Title 17, section 2510, subsections 2 and 3.
Public utilities, as defined in Title 35-A, section 102, and contractors performing work for public utilities are not liable for damages under this paragraph for lost trees the trimming or removal of which is necessary to provide safe and reliable service to the customers of the public utilities.
Sec. 3. 14 MRSA §7552, sub-§4, ¶D is enacted to read:
Sec. 4. 14 MRSA §7552, sub-§5, as enacted by PL 1995, c. 450, §2, is amended to read:
The amount awarded for professional services may not exceed 50% of the damages recovered pursuant to subsection 4 plus interest on the damages. Interest may be assessed after service of a notice of claim pursuant to section 1602.