Ark. Code Ann. § 15-32-301 (2026)
Liability for unlawfully cutting, etc
- Any person who shall knowingly cut down, destroy, or carry away any tree, timber, lumber, staves, or shingles made therefrom, contrary to this subchapter, any person who shall aid and abet or assist any other person in so doing, and any person who shall purchase or receive any trees, timber, lumber, staves, or shingles knowing them to have been cut contrary to the provisions of this subchapter shall be jointly and severally liable to the owner in double the value thereof, to be recovered by action at law in the name of the state in case those items should be cut from the lands of the state or in the name of the corporation or person owning the land in case those items shall be so cut from other lands.
- A violation of any of the provisions of this subchapter shall be grounds for an attachment against the property of the persons who shall be guilty of the violation, to be issued in the same manner as attachments in other civil actions.
History. Acts 1883, No. 83, § 6, p. 140; C. & M. Dig., § 7004; Pope's Dig., § 8984; A.S.A. 1947, § 54-203.
Research References
Ark. L. Notes.
Brill, Arkansas Law of Damages, Fifth Edition, Chapter 30: Real Property, 2004 Arkansas L. Notes 9.
Case Notes
Equity.
Neither double nor treble damages are recoverable in equity unless the action was originally brought at law. Augusta Cooperage Co. v. Bloch, 153 Ark. 133, 239 S.W. 760 (1922).
Evidence.
It was proper for court to instruct jury that purchase at tax sale could be considered only in determining whether defendant believed he had right to cut timber. Stair v. Jones, 223 Ark. 882, 269 S.W.2d 297 (1954).
In a trespass to timber action, a circuit court did not err in allowing the landowner's expert to testify as to the fair market value of all of the timber removed from the property, including that which was removed prior to the date the land was transferred to a trust, even though the landowner could not recover for timber removed prior to that date, because the evidence was relevant to prove defendants' wrongful conduct under Ark. R. Evid. 401 for purposes of an award of treble damages under § 18-60-102, of double damages under this section, and of punitive damages. Travis Lumber Co. v. Deichman, 2009 Ark. 299, 319 S.W.3d 239 (2009).
Knowledge.
One who cuts down trees from another's land, having no cause to believe and not believing that he had a right to cut them, incurs the penalty of this section. Rosengrant v. Matthews, 55 Ark. 440, 18 S.W. 541 (1892).
The requirement of knowledge as a prerequisite to liability for double damages is a real requirement, not to be fictitiously satisfied. Parker v. Fenter, 216 Ark. 398, 225 S.W.2d 940 (1950).
In a trespass and conversion of timber action, the trial court did not err in wording two interrogatories to the jury regarding a timber company's knowledge of a forged timber deed and whether the company removed the timber with probable cause to believe that it owned the timber, because these interrogatories followed the language of this section, which authorized double damages if the timber cutting was “knowing,” and § 18-60-102, which provided for single damages only if the timber company had probable cause to believe that the timber was its own. Travis Lumber Co. v. Deichman, 2009 Ark. 299, 319 S.W.3d 239 (2009).
Remedy Not Exclusive.
Remedy provided by this section is not exclusive but is in addition to remedies available at common law. Bailey v. Hammonds, 193 Ark. 633, 101 S.W.2d 785 (1937).
Cited: Stair v. Jones, 223 Ark. 882, 269 S.W.2d 297 (1954); Russell v. Pryor, 264 Ark. 45, 568 S.W.2d 918 (1978); DeBoer v. Entergy Ark. Inc., 82 Ark. App. 400, 109 S.W.3d 142 (2003).