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This entry was published on 2014-09-22
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SECTION 9
Penalty for trespasses
Public Lands (PBL) CHAPTER 46, ARTICLE 2
§ 9. Penalty for trespasses. Every person who shall trespass upon
Indian lands or any lands belonging to the state and under the general
care and superintendence of the commissioner of general services, any
lands belonging to the state which are under the jurisdiction of any
other state agency, department, board, officer, commission, institution,
public authority, public benefit corporation, or bi-state agency, by
cutting, removing, injuring or destroying trees growing thereupon,
shall, for every such offense, forfeit to the people of the state the
sum of two hundred fifty dollars per tree or treble damages or both,
based on the stumpage value, as defined in paragraph (c) of subdivision
six of section 71-0703 of the environmental conservation law, of such
tree or trees, and shall be liable for any permanent and substantial
damage caused to the land or the improvements thereon as a result of
such violation. Such reparations shall be of such kind, nature and
extent as will reasonably restore the lands affected by the violation to
their condition immediately before the violation and may be made by
physical restoration of such lands and/or by the assessment of monetary
payment to make such restoration.