(1) Every
person who goes onto the land of another and who removes timber,
crops, minerals, or other similar valuable property from the
land, or wrongfully causes waste or injury to the land, or
wrongfully injures personal property or improvements to real
estate on the land, is liable to the injured party for treble the
amount of the damages caused by the removal, waste, or injury. For purposes of this section, a person acts "wrongfully" if the
person intentionally and unreasonably commits the act or acts
while knowing, or having reason to know, that he or she lacks
authorization to so act. Damages recoverable under this section
include, but are not limited to, damages for the market value of
the property removed or injured, and for injury to the land,
including the costs of restoration. In addition, the person is
liable for reimbursing the injured party for the party's
reasonable costs, including but not limited to investigative
costs and reasonable attorneys' fees and other litigation-related
costs.
(2) This section does not apply in any case where liability
for damages is provided under RCW 64.12.030, *79.01.756,79.01.760
, 79.40.070, or where there is immunity from liability
under RCW 64.12.035.
[1999 c 248 § 2; 1994 c 280 § 1.]
NOTES:
*Reviser's note: RCW 79.01.756, 79.01.760, and 79.40.070 were recodified as RCW 79.02.320, 79.02.300, and 79.02.340, respectively, pursuant to 2003 c 334 § 554.
Severability -- 1999 c 248: See note following RCW 64.12.035.