When double damages are awarded for trespass
- • exception
(1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs), it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from uninclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages.
(2) A judgment for the costs of litigation and reforestation as provided in ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) shall be in addition to and not in lieu of a judgment for damages under this section.
(3) This section does not apply to a contract logger if the contract logger is subject only to actual damages under ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) (4). [Amended by 1995 c.721 §2; 1999 c.544 §2]
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