Timber cutting; unlawful removal, determination of damages. (HB1290)

Introduced By

Del. Greg Habeeb (R-Salem)

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

DateAction
01/21/2016Committee
01/21/2016Presented and ordered printed 16103906D
01/21/2016Referred to Committee for Courts of Justice
01/26/2016Assigned to sub: Civil Law
01/26/2016Assigned App. sub: Civil Law
01/26/2016Assigned Courts sub: Civil Law
01/26/2016Impact statement from DPB (HB1290)
02/03/2016Subcommittee recommends reporting (8-Y 0-N)
02/10/2016Reported from Courts of Justice (21-Y 0-N) (see vote tally)
02/12/2016Read first time
02/15/2016Read second time and engrossed
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
02/22/2016Reported from Courts of Justice (10-Y 2-N) (see vote tally)
02/23/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/24/2016Read third time
02/24/2016Passed Senate (37-Y 3-N) (see vote tally)
02/25/2016Enrolled
02/25/2016Bill text as passed House and Senate (HB1290ER)
02/25/2016Signed by Speaker
02/26/2016Impact statement from DPB (HB1290ER)
02/26/2016Signed by President
02/29/2016Enrolled Bill communicated to Governor on 2/29/16
02/29/2016G Governor's Action Deadline Midnight, March 7, 2016
03/04/2016G Approved by Governor-Chapter 245 (effective 7/1/16)
03/04/2016G 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.