{"data":{"id":"us-ky/krs-364.130","jurisdiction":"us-ky","citation":"KRS 364.130","heading":"Liability of person entering upon and cutting timber growing upon","body":"land of another -- Measure  of damages  -- Exceptions with limitations on\nliability.\n(1) Except as provided in subsections (2) and (4) of this section, any person,\nregardless of state of mind or whether the person believes to be authorized or\nnot, who cuts or saws down, or causes to be cut or sawed down to convert to\nhis own use timber growing upon the land of another without legal right or\nwithout color of title in himself to the timber or to the land upon which the timber\nwas  growing shall pay to the rightful owner of the timber three (3) times the\nstumpage value of the timber and shall pay to the rightful owner of the property\nthree (3) times the cost of any damages  to the property as well as any legal\ncosts incurred by the owner of the timber.\n(2) (a) If a defendant can certify that prior to cutting:\n1. A  signed statement was  obtained from the person whom  the\ndefendant believed to be the owner of all trees scheduled to be cut\nthat:\na. All of the trees to be cut were on his property and that none\nwere on the property of another; and\nb. He  has given his permission, in writing, for the trees on his\nproperty to be cut; and\n2. Either:\na. A  written agreement was  made  with owners of the land\nadjacent to the cut that the trees to be cut were not on their\nproperty; or\nb. Owners  of the land adjacent to the cut were notified in writing,\ndelivered by certified mail, restricted delivery, and  return\nreceipt requested, of the pending cut and they raised no\nobjection,\nthe court may render a judgment for no more than the reasonable value\nof the timber, actual damages caused to the property, and any legal costs\nincurred by the owner of the timber.\n(b) With respect to paragraph (a)2.b. of this subsection, if no written objection\nwas  received from the persons notified within seven (7) days from the\ndate of signed receipt of mail, it shall be presumed, for the purposes of\nsetting penalties only, that the notified owner had no objection to the\nproposed cut.\n(3) This section shall not be construed as repealing any of the provisions of KRS\n514.030 of the Kentucky Revised Statutes and any penalties provided by this\nchapter shall be considered as additional thereto.\n(4) A  residential property owner or farmland owner maintaining his or her fence\nrow who unintentionally cuts, saws down, or otherwise removes the timber of\nan adjoining property owner as the result of a good-faith mistake in the location\nof an unmarked boundary line between the properties shall only be liable to the\nadjoining property owner for the reasonable value of the timber, the actual\ndamages  caused to the property, and any legal costs incurred by the adjoining\nproperty owner if the cutting of the timber is later found to be unauthorized by a\ncourt of competent jurisdiction.","path":["KRS Chapter 364"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46079","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:00Z","sha256":"ff063b60e965bfbd673270be22f923a377c91a177eecea0a5c882ee034f1dccd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-364.120","next":"us-ky/krs-364.990"},"notice":"GroundRules: Original legal text. Not legal advice."}