KRS 364.130: Liability of person entering upon and cutting timber growing upon

land of another -- Measure of damages -- Exceptions with limitations on

liability.

(1) Except as provided in subsections (2) and (4) of this section, any person,

regardless of state of mind or whether the person believes to be authorized or

not, who cuts or saws down, or causes to be cut or sawed down to convert to

his own use timber growing upon the land of another without legal right or

without color of title in himself to the timber or to the land upon which the timber

was growing shall pay to the rightful owner of the timber three (3) times the

stumpage value of the timber and shall pay to the rightful owner of the property

three (3) times the cost of any damages to the property as well as any legal

costs incurred by the owner of the timber.

(2) (a) If a defendant can certify that prior to cutting:

1. A signed statement was obtained from the person whom the

defendant believed to be the owner of all trees scheduled to be cut

that:

a. All of the trees to be cut were on his property and that none

were on the property of another; and

b. He has given his permission, in writing, for the trees on his

property to be cut; and

2. Either:

a. A written agreement was made with owners of the land

adjacent to the cut that the trees to be cut were not on their

property; or

b. Owners of the land adjacent to the cut were notified in writing,

delivered by certified mail, restricted delivery, and return

receipt requested, of the pending cut and they raised no

objection,

the court may render a judgment for no more than the reasonable value

of the timber, actual damages caused to the property, and any legal costs

incurred by the owner of the timber.

(b) With respect to paragraph (a)2.b. of this subsection, if no written objection

was received from the persons notified within seven (7) days from the

date of signed receipt of mail, it shall be presumed, for the purposes of

setting penalties only, that the notified owner had no objection to the

proposed cut.

(3) This section shall not be construed as repealing any of the provisions of KRS

514.030 of the Kentucky Revised Statutes and any penalties provided by this

chapter shall be considered as additional thereto.

(4) A residential property owner or farmland owner maintaining his or her fence

row who unintentionally cuts, saws down, or otherwise removes the timber of

an adjoining property owner as the result of a good-faith mistake in the location

of an unmarked boundary line between the properties shall only be liable to the

adjoining property owner for the reasonable value of the timber, the actual

damages caused to the property, and any legal costs incurred by the adjoining

property owner if the cutting of the timber is later found to be unauthorized by a

court of competent jurisdiction.