Whoever without lawful authority cuts down or carries off any wood, underwood, tree, or timber, or girdles or otherwise injures any tree, timber, or shrub, on the land of another person, or in the street or highway in front of any person's house, city lot, or cultivated grounds, or on the commons or public grounds of any city or town, or in the street or highway in front thereof, is liable in a civil action to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, unless upon the trial it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's, or that of the person in whose service or by whose direction the act was done, in which case judgment shall be given for only the single damages assessed. This section shall not authorize the recovery of more than the just value of timber taken from uncultivated woodland for the repair of a public highway or bridge upon or adjoining the land.
Notes of Decisions
Pluntz v. Farmington Ford-Mercury, Inc., 470 N.W.2d 709 (Minn. Ct. App. 1991).
· cites it 18× “Did the trial court err by assessing single damages pursuant to Minn.Stat. § 561.04 (1988)? 2. Did the trial court err by imposing liability on appellant Farmington by operation of Minn.”
Johnson v. Jensen, 446 N.W.2d 664 (Minn. 1989).
· cites it 8× “This action for trespass to land comes to us on defendants’ petition for further review of a decision of the court of appeals affirming judgment awarding plaintiffs’ actual damages of $1,800, with the portion attributable to the destruction of trees, shrubs and brush trebled…”
Miller-Lagro v. N. States Power Co., 582 N.W.2d 550 (Minn. 1998).
· cites it 11× “We conclude that the Lagros have standing under the common law and under Minn.Stat. § 561.04 (1996) and remand the case for a determination of whether the removal was reasonable and necessary for the purpose of constructing, using, operating, or maintaining the utility lines.”
Johnson v. Jensen, 433 N.W.2d 472 (Minn. Ct. App. 1989).
· cites it 4× “Similarly, Minn.Stat. § 561.04 provides, in pertinent part: Whoever without lawful authority cuts down or carries off any wood, under-wood, tree, or timber, or girdles or otherwise injures any tree, timber, or shrub, on the land of another person, or in the street or highway in…”
Meixner v. Buecksler, 13 N.W.2d 754 (Minn. 1944).
· cites it 2× “1941, § 561.04 (Mason St. 1927, § 9585), for cutting down and removing certain trees growing upon plaintiff’s property.”
Leeper v. Hampton Hills, Inc., 187 N.W.2d 765 (Minn. 1971).
· cites it 3× “On remand the trial court may consider the facts in light of § 561.04, which provides in part: “Whoever without lawful authority cuts down or carries off any wood, underwood, tree, or timber * * * on the land of another person, or in the street or highway in front of any…”
Steven Wrolstad v. Benjamin Napper (Minn. Ct. App. 2016).
· cites it 18× “Respondents filed a notice of related appeal (NORA) challenging the district court’s denial of treble damages under Minn. Stat. § 561.04 (2014). We affirm the district court’s award of restoration damages and its factual findings.”
Miller-Lagro v. N. States Power Co., 566 N.W.2d 94 (Minn. Ct. App. 1997).
· cites it 10× “The Lagros responded to the motion without obtaining their own survey, believing Minn. Stat. § 561.04 protected their interest in the trees, irrespective of the ownership of the land.”
In re the Marriage of: Rachelle Frances Norgren v. Randy Dean Norgren (Minn. Ct. App. 2015).
· cites it 2× “Halverson sought $31,250 in actual damages and statutory treble damages for trespass involving damage to trees, as provided for under Minn. Stat. § 561.04 (2010). According to husband, because he reads at a first-grade level, either his daughter or wife assisted him in reading…”
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