What Damages Can I Recover for Someone Cutting Timber on My Land Without Permission in Pennsylvania?

Full question:

Contractor came in three years ago and cut down 50-100 trees in our wetlands...Our 'attorney' said we have to prove that the property value is less now than it was before the damages..We have photos of before and after and the destruction and trees ruined and being hauled away...No trespassing signs posted and ignored. Our 'attorney' said only case is trespassing for 25.00 fine We think this cannot be right The trees that were cut provided noise, privacy and wind barrier and of course were beautiful...tall...some valuable...walnut...Space is now bare and was forested wetlands...Environmental protection wanted nothing to do with this sticky wicket..Developer well known in township for doing what he wants despite laws...We're very frustrated and cannot imagine we have no case.

• Category: Trees
• Date: 04/07/2025
• State: Pennsylvania

Answer:

You may be entitled to damages in accordance with the statute below. In some cases involving particularly egregious intentional acts, punitive damages may be awarded.

Please see the following case law for further discussion.:

http://courts.arkansas.gov/court_opinions/sc/2008b/20081211/published/08-828.pdf
http://caselaw.findlaw.com/ar-court-of-appeals/1117951.html

42 Pa.C.S.A. § 8311. Damages in actions for conversion of timber
(a) General rule. — In lieu of all other damages or civil remedies provided by law, a person who cuts or removes the timber of another person without the consent of that person shall be liable to that person in a civil action for an amount of damages equal to:
(1) the usual and customary costs of establishing the value of the timber cut or removed and of complying with the erosion and sedimentation control regulations contained in 25 Pa. Code Ch. 102 (relating to erosion control);
(1.1) the cost of any surveys obtained in connection with the civil action; and
(2) one of the following:
(i) three times the market value of the timber cut or removed if the act is determined to have been deliberate;
(ii) two times the market value of the timber cut or removed if the act is determined to have been negligent; or
(iii) the market value of the timber cut or removed if the defendant is determined to have had a reasonable basis for believing that the land on which the act was committed was his or that of the person in whose service or by whose direction the act was done.
(b) Restitution. — Any damages awarded under this section shall be reduced by any restitution which is made under 18 Pa.C.S.A. § 1107 (relating to restitution for theft of timber).
(c) Definitions. — As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Timber." Standing trees, logs or parts of trees that are commonly merchandized as wood products.
"Market value." The value of the standing timber at local market prices for the species and quality of timber cut or removed at the time it was cut or removed.