§ 861. Action for cutting, removing, injuring or destroying trees or
timber, and damaging lands thereon. 1. If any person, without the
consent of the owner thereof, cuts, removes, injures or destroys, or
causes to be cut, removed, injured or destroyed, any underwood, tree or
timber on the land of another or on the common or other land of a city,
village, town or county, or damages the land in the course thereof, an
action may be maintained against such person for treble the stumpage
value of the tree or timber or two hundred fifty dollars per tree, or
both and 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.

2. In any action brought pursuant to subdivision one of this section,
if the defendant establishes by clear and convincing evidence, that when
the defendant committed the violation, he or she had cause to believe
the land was his or her own, or that he or she had an easement or right
of way across such land which permitted such action, or he or she had a
legal right to harvest such land, then he or she shall be liable for the
stumpage value or two hundred fifty dollars per tree, or both and
reasonable costs associated with maintaining an action pursuant to this
section. In such case, the defendant shall also 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.

3. For the purposes of this section "stumpage value" shall mean the
current fair market value of a tree as it stands prior to the time of
sale, cutting, or removal. Stumpage value shall be determined by one or
more of the following methods: the sale price of the tree in an
arm's-length sale, a review of solicited bids, the stumpage price report
prepared by the department of environmental conservation, comparison
with like sales on trees on state or private lands, or other appropriate
means to assure that a fair market value is established within an
acceptable range based on the appropriate geographic area.