Cutting Down Damages Awards in Timber Trespass Cases
The Alaska Supreme Court recently heard two cases addressing damages awards for timber trespass claims. Both cases, Wiersum v. Harder and Chung v. Park , emphasized the difficulty of obtaining restoration damages and the close scrutiny given to the size of the damages award itself. This Note explore...
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Duke University School of Law
2016
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| Online Access: | https://scholarship.law.duke.edu/alr/vol33/iss1/5 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1508&context=alr |
| Summary: | The Alaska Supreme Court recently heard two cases addressing damages awards for timber trespass claims. Both cases, Wiersum v. Harder and Chung v. Park , emphasized the difficulty of obtaining restoration damages and the close scrutiny given to the size of the damages award itself. This Note explores the history of timber trespass and the current method by which courts determine the appropriate damages award. The Note also proposes a possible alternative to the current reticence toward restoration damages in which the plaintiff may elect to receive restoration damages but would be required to use those damages to restore their trees. |
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