Any person or entity who damages, destroys, cuts, or removes timber or other forest products not owned by that person or without the authority of the legal owner, and any person or entity who shall supervise any other person in so doing, regardless of whether the act was done knowingly or intentionally, shall be jointly and severally liable to the owner for double the fair market value of the timber or other forest products that were damaged, destroyed, cut, or removed. However, any person or entity possessing the power of eminent domain and any employee, agent, or contractor of the person or entity who, while clearing a utility right-of-way or easement, mistakenly cuts, damages, destroys, or removes timber or other forest products from lands adjacent to the utility right-of-way or easement shall only be liable for the reasonable fair market value of the damaged timber or forest products and no more, unless it is shown by clear and convincing evidence that the acts where done with the intent to wrongfully injure or remove the timber or forest products, in which case the entity or person shall be liable to the owner for double the fair market value of the timber or other forest products that were damaged, destroyed, cut, or removed.
(Acts 1939, No. 626, p. 993, §3; Code 1940, T. 8, §218(3); Act 2000-806, p. 1918, §1.)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2010–2023 · leading case:
Cousins v. McNeel, 96 So. 3d 846 (Ala. Civ. App. 2012).
Cousins v. McNeel, 96 So. 3d 846 (Ala. Civ. App. 2012).
· cites it 3× “McNeel asserted, among others, a claim for statutory damages, pursuant to Ala.Code 1975, § 9-13-62, which provides: “Any person or entity who damages, destroys, cuts, or removes timber or other forest products not owned by that person or without the authority of the legal owner,…”
Cahaba Forests, LLC v. Hay, 927 F. Supp. 2d 1273 (M.D. Ala. 2013).
· cites it 3× “Statutory Damages The claim for statutory damages is based on Ala. Code § 9-13-62 , which provides that “[a]ny person or entity who damages, destroys, cuts, or removes timber .”
Cousins v. McNeel, 62 So. 3d 1039 (Ala. Civ. App. 2010).
· cites it 2× “Code 1975, § 35-14-2, and pursuant to Ala.Code 1975, § 9-13-62, based on the cutting and removal of the timber.”
Conecuh River Timber Co., LLC v. Possum Trot, LLC (M.D. Ala. 2023).
· cites it 2× “According to Conecuh River Timber, the Defendants unlawfully bulldozed a road on its property, removed a fence, and destroyed or removed numerous trees, among others. Now pending before the Court is Hattaway’s Motion to Compel Arbitration.”
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