Timber cutting; unlawful removal, determination of damages. (HB1290)
Introduced By
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Timber cutting; determination of damages; attorney fees. Clarifies that any person found liable for the unauthorized removal of, or the direction of unauthorized removal of, timber from another's land must also pay reasonable attorney fees incurred by the owner of the timber to such owner. The bill is in response to the decision in Chacey v. Garvey, 2015 Va. LEXIS 185. Read the Bill »
Outcome
Bill Has Passed
History
Date | Action |
---|---|
01/21/2016 | Committee |
01/21/2016 | Presented and ordered printed 16103906D |
01/21/2016 | Referred to Committee for Courts of Justice |
01/26/2016 | Assigned to sub: Civil Law |
01/26/2016 | Assigned App. sub: Civil Law |
01/26/2016 | Assigned Courts sub: Civil Law |
01/26/2016 | Impact statement from DPB (HB1290) |
02/03/2016 | Subcommittee recommends reporting (8-Y 0-N) |
02/10/2016 | Reported from Courts of Justice (21-Y 0-N) (see vote tally) |
02/12/2016 | Read first time |
02/15/2016 | Read second time and engrossed |
02/16/2016 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
02/16/2016 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
02/17/2016 | Constitutional reading dispensed |
02/17/2016 | Referred to Committee for Courts of Justice |
02/22/2016 | Reported from Courts of Justice (10-Y 2-N) (see vote tally) |
02/23/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/24/2016 | Read third time |
02/24/2016 | Passed Senate (37-Y 3-N) (see vote tally) |
02/25/2016 | Enrolled |
02/25/2016 | Bill text as passed House and Senate (HB1290ER) |
02/25/2016 | Signed by Speaker |
02/26/2016 | Impact statement from DPB (HB1290ER) |
02/26/2016 | Signed by President |
02/29/2016 | Enrolled Bill communicated to Governor on 2/29/16 |
02/29/2016 | G Governor's Action Deadline Midnight, March 7, 2016 |
03/04/2016 | G Approved by Governor-Chapter 245 (effective 7/1/16) |
03/04/2016 | G Acts of Assembly Chapter text (CHAP0245) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
OR TRANSFERRED SOLD TO NEW OWNERS. A PROTECTION FOR THE SPOUSE OF SOMEBODY THAT INCURRED THOSE MEDICAL EXPENSES.Del. Bill Howell (R-Fredericksburg): SHALL HOUSE BILL 728 PASS. ALL IN FAVOR OF THE MOTION WIL L RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE BILL PASSES. HOUSE BILL 1290, A BILL RELATING TO TIMBER CUTTING; DETERMINATION OF DAMAGES; ATTORNEY FEES. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE. THE SENATOR FROM ROCKINGHAM. I MOVE THE BILL PASS. APPARENTLY THIS IS A BIG PROBLEM IN FAIRFAX CITY. PEOPLE STEALING TREES AND CUTTING DOWN UNAUTHORIZED TIMBER AND HAULING IT AWAY AND APPARENTLY THISTH HAVE BEEN INSTANCES IN FAIRFAX CITY WHERE PERSONS, PROPERTY OTHER THANS HAVE SOUGHT REDRESS FOR THE THEFT OF THEIR TIMBER ONLY TO FIND THAT THEY ARE ENTITLED TO A PENALTIRY JUDGMENT FOR THE VALUE OF THE TREES BUT AREN'T ENTITLED TO ATTORNEYS FEES FOR TRYING TO SEEK RECOMPENSE FOR THE LOSS OF THEIR VALUABLE TIMBER. THIS CORRECTS THAT GROSS INJUSTICE AND PROVIDES FOR THE RECOVERY OF REASONABLE ATTORNEYS FEES BY THE OWNER OF THE TIMBER IN THE EVENT THEY ARE REQUIRED TO INSTITUTE LEGAL ACTION. THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY. THE SENATOR HAS THE FLOOR.