AN ACT to amend and reenact section 32-03-30 of the North Dakota Century Code, relating to damages for injuries to timber.
Summary
SB 2250 amends North Dakota Century Code section 32-03-30 governing damages for wrongful injury to timber, trees, or underwood on another person’s land. The bill keeps the existing rule that willful and wanton injury or removal of timber is subject to treble damages, meaning the injured party may recover three times the actual detriment. It also clarifies and adds a separate rule for negligent injury or removal of timber, trees, or underwood, under which damages are limited to the actual detriment rather than multiplied damages.
The measure is a targeted civil-liability update focused on property damage involving timber and vegetation. It distinguishes between intentional or reckless conduct and ordinary negligence, and it preserves the existing exceptions for casual or involuntary trespass, mistaken belief of ownership, and highway-related removal. In practical terms, the bill affects landowners, timber owners, trespassers, contractors, and others who may be liable for damage to standing timber or related vegetation.
Impact
The bill amends a specific damages statute in the North Dakota Century Code, refining the measure of damages for injury to timber and related vegetation. It preserves treble damages for willful and wanton conduct while expressly providing actual-damages recovery for negligent conduct, which may reduce uncertainty in civil disputes over timber damage and trespass. The change primarily affects civil litigation involving land use, forestry, property damage, and trespass claims.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It passed the Senate unanimously and the House by a strong margin, indicating general agreement with the clarification of damages rules. The voting pattern suggests lawmakers viewed the measure as a technical or practical adjustment rather than a major policy shift.
Contention
No committee testimony or recorded debate is provided, and the vote totals suggest limited opposition. The only notable point of potential contention is the distinction between willful/wanton conduct and negligent conduct, because the bill preserves enhanced penalties for intentional wrongdoing while limiting recovery for negligence to actual damages. Any disagreement would likely center on whether the statute should continue to allow treble damages in some cases and how broadly the exceptions to liability should apply.
AN ACT to amend and reenact sections 32-03.2-01 and 32-03.2-11 of the North Dakota Century Code, relating to when a court or jury may give exemplary damages.
AN ACT to amend and reenact subsection 6 of section 12.1-32-08 and sections 27-03-05, 27-05.2-03, and 29-26-22 of the North Dakota Century Code, relating to court fees.
AN ACT to amend and reenact section 12.1-22-03 and subsection 1 of section 12.1-22-06 of the North Dakota Century Code, relating to criminal trespass; and to provide a penalty.