An Act To
Maine Legislature, Session 127, LD 0670
Committee Amendment CA_A_H355 (House)
Amends: 14 MRSA §7552

COMMITTEE AMENDMENT "A" to H.P. 451, L.D. 670, Bill, "An Act To 
Amend the Laws Governing the Unlawful Cutting of Trees" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §7552, sub-§3, ~, as amended by PL 1999, c. 339, §1, is 
repealed and the folloWing enacted in its place: 
B. Except within areas that have been zoned for residential use, for lost trees the 
owner may choose to claim: 
(1) The market value of the lost trees; 
(2) The diminution in value of the real estate as a whole resulting from the 
violation; 
(3) The forfeiture amounts determined in Title 17. section 2510, subsections 2 
and 3; or 
(4) If the lost trees are ornamental or fruit trees, the costs of replacing, replanting 
and restoring the trees with trees of comparable size and the same or equivalent 
species and the actual costs for cleaIiup of damage caused during the cutting. 
In addition, the owner's damages for lost trees that are not ornamental or fruit trees 
may include the costs for regeneration of the stand in accordance with Title 12, 
section 8869. 
The court may reduce the damages awarded for good cause shown when the cutting 
of trees was done negligently or without fault. 
Public utilities, as defined in Title 35-A, section 102, and contractors performing 
work for public utilities are not liable for damages under this paragraph for lost trees 
the trimming or removal of which is necessary to provide safe and reliable service to 
the customers of the public utilities. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" frto H.P. 451, L.D. 670 
Sec.2. 14 MRSA §7552, sub-§3, ~-1 is enacted to read: 
B-1. Within areas that have been zoned for residential use, for lost trees the owner 
may choose to claim: 
(1) 
The costs of replacing, replanting and restoring the trees with trees of 
comparable size and the same or equivalent species and the actual costs for 
cleanup of damage caused during the cutting; 
(2) The market value of the lost trees; 
I 
(3) The diminution in value of the real estate as a whole resulting from the 
violation; or 
(4) The forfeiture amounts determined in Title 17, section 2510, subsections 2 
and 3. 
Public utilities, as defined in Title 35-A, section 102, and contractors performing 
work for public utilities are not liable for damages under this paragraph for lost trees 
the trimming or removal of which is necessary to provide safe and reliable service to 
the customers of the public utilities. 
Sec.3. 14 MRSA §7552, sub-§4, ~ 
is enacted to read: 
D. A person who with malice violates subsection 2 is subject to punitive damages in 
addition to the damages under paragraphs A, Band C. 
Sec. 4. 14 MRSA §7552, sub-§5, as enacted by PL 1995, c. 450, §2, is amended 
to read: 
5. Costs and fees. In addition to damages, interest and costs, the owner may also 
recover from the person who violates subsection 2 the reasonable costs of professional 
services necessary for determining damages and proving the claim, pra:vided that as long 
as the person first has written notice or actual knowledge that a claim is b~ing asserted. 
The ameaflt a\varded fur prefessiaBal services may Bat ~ceed 50% af the damages 
recavered p'l:lrs'l:laBt te s'Ubsectioo 4 pl'l:ls iBterest aB the damages. Interest may be assessed 
after service af a Betice af claim P'l:lfS'I:laBt ta seetiaB 1602.' 
SUMMARY 
This amendment replaces the bill to clarify the language regarding damages for the 
unlawful cutting of trees. 
The amendment makes a distinction between the unlawful cutting of trees in areas 
zoned for residential use and the unlawful cutting of trees in other areas. It also makes a 
distinction between the unlawful cutting of ornamental or fruit trees and the unlawful 
cutting of all other trees. 
If a person cuts down or damages trees without permission on land the person does 
not own, the person is liable to the owner for damages. 
The amendment makes it clear that the owner of land that is not zoned for residential 
use may choose how damages are measured. The owner may choose to have the damages 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 451, L.D. 670 
calculated based on: the market value of the lost trees; the diminution in value of the real 
estate as a whole resulting from the unlawful cutting of the trees; the forfeiture amounts 
determined in the Maine Revised Statutes, Title 17, section 2510, subsections 2 and 3; or, 
if the lost trees are ornamental or fruit trees, the costs of replacing, replanting and 
restoring the trees with trees of comparable size and the same or equivalent species and 
the actual costs for cleanup of damage caused during the cutting. If the trees are not 
ornamental or fruit trees, the owner may claim in addition the costs for regeneration of 
the stand in accordance with Title 12, section 8869. The court may reduce the damages 
awarded for good cause shown when the cutting of trees was done negligently or without 
fault. 
The amendment further provides that the owner of land that is zoned for residential 
use may choose how damages are measured. The owner may choose to have the damages 
calculated based on: the market value of the lost trees; the diminution in value of the real 
estate as a whole resulting from the unlawful cutting of the trees; the forfeiture amounts 
determined in Title 17, section 2510, subsections 2 and 3; or, regardless of whether the 
lost :trees are ornamental or fruit trees, the costs of replacing, replanting and restoring the 
trees with trees of comparable size and the same or equivalent species and the actual costs 
for cleanup of damage caused during the cutting. 
Current law establishes recoverable damages based on the manner in which the 
owner has claimed damages and multiplied by 2 if the uniawful cutting was negligent or 
without fault, and multiplied by 3 if the person acted intentionally or knowingly. This 
amendment authorizes an additional award of punitive damages if the person acted with 
malice. 
The amendment deletes the cap on the recovery of costs of professional services for 
asserting a claim, including attorney's fees. It also repeals a reference to interest on 
damages because the current general law allows the award of prejudgment and post-
judgment interest in all cases as provided in Title 14, sections 1602-B and 1602-C, 
respectively. 
The amendment provides that public utilities and their contractors are not liable for 
damages when the cutting or removal of trees is necessary to improve the safety and 
reliability of the public utilities' delivery of products and services. 
FISCAL NOTE REQ't.lfRED 
(See attached), 
COMMITTEE AMENDMENT 
Approved: OS/26/15 
.m-ac: 
·LD 670 
LR 982(02) 
An Act To Amend the Laws Governing the Unlawful Cutting of Trees 
Fiscal Note for Bill as Amended by Committee Amendment 'ff' CH ~ 3 5~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR0982(02) - Fiscal Note - Page 1 of 1