(740 ILCS 185/0.01)

(from Ch. 96 1/2, par. 9400)

Sec. 0.01.

Short title.

This Act may be cited as the

Wrongful Tree Cutting Act.

(Source: P.A. 86‑1324.)

(740 ILCS 185/1)

(from Ch. 96 1/2, par. 9401)

Sec. 1.

As used in this Act, unless the context otherwise requires, the term:

(a) "Stumpage" means standing tree.

(b) "Department" means the Department of Natural Resources.

(c) "Director" means the Director of Natural Resources.

(d) "Party" means any person, partnership, firm, association, business trust or corporation.

(Source: P.A. 89‑445, eff. 2‑7‑96.)

(740 ILCS 185/2)

(from Ch. 96 1/2, par. 9402)

Sec. 2.

Any party found to have intentionally cut or knowingly caused to be cut any timber or tree which he did not have the full legal right to cut or caused to be cut shall pay the owner of the timber or tree 3 times its stumpage value.

(Source: P.A. 84‑138.)

(740 ILCS 185/3)

(from Ch. 96 1/2, par. 9403)

Sec. 3.

The courts of this State may order the Director or his representative to secure three independent value appraisals to determine the stumpage value of wrongfully cut timber or trees. Such order shall state the reason the value information is needed, the parties involved in the action, the area to be examined and other information needed by the Department to carry out its responsibilities. All parties to the court action shall be instructed to make themselves available to the Department at reasonable times to assist in the location of areas and material to be examined. Expenses incurred, including but not limited to those for surveys, consulting services and administrative costs, shall be borne equally by the parties unless otherwise ordered by the court.

(Source: P.A. 84‑138.)

(740 ILCS 185/4)

(from Ch. 96 1/2, par. 9404)

Sec. 4.

Within 30 days after the Department is ordered to establish value, it shall notify the court of its findings of value and expenses. The court shall then average the appraisals and award triple the average value and make final determination as to which party or parties shall pay expenses. The failure of any party to make full payment within the time limits set by the court or to cooperate with the Department shall be considered contempt of court.

(Source: P.A. 84‑138.)

(740 ILCS 185/5)

(from Ch. 96 1/2, par. 9405)

Sec. 5.

The Department may make such rules and regulations as may be necessary to carry out the provisions of this Act.

(Source: P.A. 84‑138.)

(740 ILCS 185/6)

(from Ch. 96 1/2, par. 9406)

Sec. 6.

The Department shall publish or adopt and make available published technical information regarding volume and value determinations as the Director considers necessary for the purpose of establishing value.

(Source: P.A. 84‑138.)

(740 ILCS 185/7)

(from Ch. 96 1/2, par. 9407)

Sec. 7.

The provisions of this Act shall not apply to a supplier of electricity, natural gas or telephone service who may cut, or cause to be cut, any tree or timber which may impair that supplier's ability to provide safe and reliable service.

(Source: P.A. 84‑138.)