§ 34-20-1.1. Damages for willful encroachment on state, municipal or nonprofit land conservation organization open space land - Civil action. (a) Definitions. As used in this section, the following words and terms shall have given to them the meanings set forth below, unless the context indicates another or different meaning or intent.

(1) "Encroach" means to conduct an activity that causes substantial damage or alteration to the land or vegetation or other features thereon, including, but not limited to, erecting buildings or other structures; constructing roads, driveways, or trails; destroying or moving stone walls; cutting trees or other vegetation, other than de minimus cutting; removing boundary markers; installing lawns or utilities; or using, storing, or depositing vehicles, substantial amounts of materials, or debris.

(2) "Nonprofit land conservation organization" means a not-for-profit entity organized with a mission of permanently protecting open-space land for conservation purposes.

(3) "Open-space land" means and includes, but is not limited to, any park, forest, wildlife management area, refuge, preserve, sanctuary, green or wildlife area owned, or held pursuant to a conservation restriction as defined in § 34-39-1 et seq., by the state, a political subdivision of the state, or a nonprofit land conservation organization.

(b) No person may encroach, or cause another person to encroach, on open-space land without permission of the owner of the open-space land or holder of the conservation restriction on the open-space land or without other legal authorization.

(c) Any owner, or holder of a conservation restriction as defined above in open-space land, subject to the provisions of subsection (b), may bring an action in the superior court for the county where the land is located against any person who knowingly and intentionally violates the provisions of subsection (b) with respect to the owner's land or land subject to the conservation restriction. The court shall order any person who knowingly and intentionally violates the provisions of subsection (b) to restore the land to its condition as it existed prior to the violation or shall award the landowner the costs of the restoration, including reasonable management costs necessary to achieve the restoration. In addition, the court may award reasonable attorneys' fees and costs and injunctive or equitable relief as the court deems appropriate.

(d) In addition to any damages and relief ordered pursuant to subsection (c), the court may award damages of up to five (5) times the cost of restoration or statutory damages of up to five thousand dollars ($5,000). In determining the amount of the award, the court shall consider the willfulness of the violation; the extent of damage done to natural resources, if any; the appraised value of any trees or shrubs damaged, or carried away as determined in accordance with the latest revision of The Guide for Plant Appraisal, as published by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher; any economic gain realized by the violator; and any other relevant factors.

History of Section. (P.L. 2018, ch. 145, § 1; P.L. 2018, ch. 261, § 1.)