Except as provided for in chapter 34 of title 39, every person who shall cut, destroy, or carry away any tree, timber, wood, or underwood
whatsoever, lying or growing on the land of any other person, without leave of the
owner thereof, shall, for every such trespass, pay the party injured twice the value
of any tree so cut, destroyed, or carried away; and for the wood or underwood, thrice
the value thereof; to be recovered by civil action.
Notes of Decisions
George E. Morabit v. Dennis Hoag, 80 A.3d 1 (R.I. 2013).
· cites it 7× “In his complaint, Morabit sought to recover damages from Hoag under G.L.1956 § 34-20-1 (count 2). That statute renders any person who engages in the unauthorized cutting, destroying, or carrying away of any trees, timber, or wood liable to the property owner for twice the value…”
White v. LeClerc, 468 A.2d 289 (R.I. 1983).
· cites it 3× “1956 (1969 Reenactment) § 34-20-1 to the present case. White v. LeClerc, 444 A.”
White v. LeClerc, 444 A.2d 847 (R.I. 1982).
· cites it 5× “1956 (1969 Reenactment) § 34-20-1 2 applied to the instant case and, if so, whether the trial justice considered the statute when assessing damages.”
Hickey v. Town of Burrillville, 713 A.2d 781 (R.I. 1998).
· cites it 6× “The trial justice also rejected the Hickeys’ legal theory of recovery because he interpreted § 34-20-1 as allowing a cause of action only against those who cut down another’s trees while trespassing upon another’s land, and the town “was not a trespasser and was authorized to…”
White v. LeClerc, 422 A.2d 1256 (R.I. 1980).
“1956 (1969 Reenactment) § 34-20-1, applies in the instant case. Furthermore, if the statute does apply, the record does not disclose whether the trial justice considered the statute when assessing damages.”
Atain Specialty Ins. Co. v. Old River Road Dev. LLC, No. 1:22-cv-00380 (D.R.I. Sept. 22, 2023).
· cites it 4× “G.L. § 34-20-1 (Count II). Regarding trespass, he alleges that the defendants “entered onto the Cullen Land without permission and destroyed several mature trees” and that this “intentional intrusion” caused damages.”
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