                                 CODE OF VIRGINIA

PROCEDURE FOR DETERMINATION OF DAMAGE (§ 55.1-2836)

A. The owner of the land on which a trespass as described in &#xA7; 55.1-2835
was committed shall have the right, within 90 days after the discovery of such
trespass and the identity of the trespasser, to notify the trespasser and to
appoint an experienced timber estimator to determine the amount of damages. For
the purposes of determining damages, the value of the timber cut shall be
calculated by first determining the value of the timber on the stump. Within 30
days after receiving notice of the alleged trespass and of the appointment of
such estimator, the alleged trespasser, if he does not deny the fact of
trespass, shall appoint an experienced timber estimator to participate with the
one already so appointed in the estimation of damages. If the two estimators
cannot agree, they shall select a third person, experienced and disinterested,
who shall make a decision that shall be final and conclusive and not subject to
appeal. The estimation of damages and the rendition of statement must be
effected within 30 days from the receipt of notice of appointment, by the
trespasser, of an estimator.
			If the alleged trespasser fails to appoint an estimator within the prescribed
time, or to notify within such time that the allegation of the fact of trespass
is disputed, the estimator appointed by the injured party may make an estimate,
and collection or recovery may be had accordingly.

B. Any person who (i) severs or removes any timber from the land of another
without legal right or permission or (ii) authorizes or directs the severing or
removal of timber or trees from the land of another without legal right or
permission shall be liable to pay to the rightful owner of the timber three
times the value of the timber on the stump and shall pay to the rightful owner
of the property the reforestation costs incurred not to exceed $450 per acre,
the costs of ascertaining the value of the timber, any directly associated legal
costs, and reasonable attorney fees incurred by the owner of the timber as a
result of the trespass.

HISTORY: Code 1950, § 8-907; 1977, c. 624, § 55-332; 1987, c. 105; 2004, cc.
604, 615; 2016, cc. 245, 562; 2019, cc. 348, 353, 712.