A. For wrongful injuries to timber upon the land of another, or removal thereof, the measure of damages is not less than three (3) times nor more than ten (10) times such a sum as would compensate for the actual detriment, unless:
1. The trespass was casual and involuntary;
2. Committed under the belief that the timber or land belonged to the trespasser; or
3. The timber was taken by the authority of highway officers for the purposes of a highway,
in which case the damages are a sum equal to the actual detriment.
B. The prevailing party shall be entitled to costs and attorneys fees.
C. For purposes of this section, the term "timber" shall be defined as the term is defined by Section 1301-102 of Title 2 of the Oklahoma Statutes.
R.L. 1910, § 2883. Amended by Laws 1995, c. 238, § 10, eff. Nov. 1, 1995.
Structure Oklahoma Statutes
§23-2. Damages as relief from forfeiture.
§23-3. Right to damages - Definition of damages.
§23-7. Jury may allow interest.
§23-9.1. Punitive damages awards by jury.
§23-9.3. Definitions – Payment of damages.
§23-12. Defense of contributory negligence or assumption of risk as question of fact.
§23-13. Comparative negligence.
§23-14. Damages diminished in proportion to contributory negligence.
§23-15. Joint tortfeasor liability - Several only.
§23-21. General rule as to damages.
§23-22. Breach of obligation to pay money.
§23-25. Breach of covenants in grants.
§23-26. Breach of covenants against encumbrances.
§23-27. Breach of agreement to convey.
§23-28. Breach of agreement to buy.
§23-36. Breach of carrier's obligation to receive.
§23-37. Breach of carrier's obligation to deliver.
§23-38. Detriment caused by carrier's delay.
§23-39. Breach of warranty of agent's authority.
§23-40. Breach of promise to marry.
§23-61. Obligation not arising from contract.
§23-61.1. Jury to return general verdict.
§23-64. Conversion of personalty.
§23-65. Presumption cannot be repelled.
§23-66. Damages to one having lien on personal property.
§23-68. Exemplary damages for injuries to animals.
§23-68.1. Damages for certain acts with regard to certain animal facilities.
§23-69. Double rent as damages.
§23-70. Willful holding over real property.
§23-71. Forcible exclusion from real property.
§23-72. Wrongful injuries to timber.
§23-92. Value to buyer or owner.
§23-94. Value of title papers.
§23-95. Exclusive of exemplary damages.
§23-96. Limitation of amount of damages.
§23-97. Damages must be reasonable.
§23-103. Actions asserted in bad faith - Reimbursement by nonprevailing party of costs and fees.
§23-112. Prohibited communications related to patent infringement - Exceptions.