§ 64-1018. Destruction of timber or improvements - Unlawful entry - Damages.

Any person, firm, business, or other entity who, without written authority from the Commissioners of the Land Office, trespasses, uses, cuts timber, injures or destroys surface or subsurface lands or improvements, removes anything of value from the surface or subsurface, assumes possession without a lease or other legal interest in the lands, or who refuses to surrender possession at the expiration, rescission or termination of a lease or easement shall be subject to a civil action for actual damages, possession of the land, injunction, civil penalties equal to the amount of actual damages, attorney fees, litigation expenses, sheriff fees and court costs.  Damage claims shall carry sixteen-percent interest from the date of injury.  The person, business or other entity shall also be subject to criminal penalties as may be provided by law.

Added by Laws 1935, p. 115, § 24, emerg. eff. May 14, 1935.  Amended by Laws 1937, p. 131, § 8, emerg. eff. March 29, 1937; Laws 1997, c. 133, § 538, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 389, eff. July 1, 1999; Laws 2010, c. 41, § 13, emerg. eff. April 2, 2010.  Renumbered from § 88 of this title by Laws 2010, c. 41, § 70, emerg. eff. April 2, 2010.

Note

NOTE:  Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 538 from July 1, 1998, to July 1, 1999.