Any person or any attorney who represents such person, who commences any civil action or complaint, in his own name or the name of others, against the owner or operator of a “pick or cut your own agricultural operation” (1) without probable cause, shall pay such owner or operator double damages, including, in the discretion of the court, costs and attorney's fees, or (2) without probable cause, and with a malicious intent unjustly to vex and trouble such owner or operator, shall pay such owner or operator treble damages including, in the discretion of the court, costs and attorney's fees. As used in this section, “pick or cut your own agricultural operation” means a farm to whom the Department of Revenue Services has issued a farmer tax exemption permit under subdivision (63) of section 12-412 that allows any person to enter such farm for the purpose of agricultural harvesting, including the cutting of Christmas trees. Nothing in this section shall be construed to affect or abrogate the provisions of section 52-568.
(P.A. 97-179, S. 11.)
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