{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-2836.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-2836.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-2836.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-2836.html"}],"law_id":369824,"edition_id":2,"section_id":369824,"structure_id":52677,"section_number":"55.1-2836","catch_line":"Procedure for determination of damage","history":"Code 1950, \u00a7 8-907; 1977, c. 624, \u00a7 55-332; 1987, c. 105; 2004, cc. 604, 615; 2016, cc. 245, 562; 2019, cc. 348, 353, 712.","full_text":"A\n\nThe owner of the land on which a trespass as described in § 55.1-2835 was committed shall have the right, within 90 days after the discovery of such trespass and the identity of the trespasser, to notify the trespasser and to appoint an experienced timber estimator to determine the amount of damages. For the purposes of determining damages, the value of the timber cut shall be calculated by first determining the value of the timber on the stump. Within 30 days after receiving notice of the alleged trespass and of the appointment of such estimator, the alleged trespasser, if he does not deny the fact of trespass, shall appoint an experienced timber estimator to participate with the one already so appointed in the estimation of damages. If the two estimators cannot agree, they shall select a third person, experienced and disinterested, who shall make a decision that shall be final and conclusive and not subject to appeal. The estimation of damages and the rendition of statement must be effected within 30 days from the receipt of notice of appointment, by the trespasser, of an estimator.\n\t\t\tIf the alleged trespasser fails to appoint an estimator within the prescribed time, or to notify within such time that the allegation of the fact of trespass is disputed, the estimator appointed by the injured party may make an estimate, and collection or recovery may be had accordingly.\n\nB\n\nAny person who (i) severs or removes any timber from the land of another without legal right or permission or (ii) authorizes or directs the severing or removal of timber or trees from the land of another without legal right or permission shall be liable to pay to the rightful owner of the timber three times the value of the timber on the stump and shall pay to the rightful owner of the property the reforestation costs incurred not to exceed $450 per acre, the costs of ascertaining the value of the timber, any directly associated legal costs, and reasonable attorney fees incurred by the owner of the timber as a result of the trespass.\n\n","order_by":null,"text":{"0":{"id":1379729,"text":"The owner of the land on which a trespass as described in § 55.1-2835 was committed shall have the right, within 90 days after the discovery of such trespass and the identity of the trespasser, to notify the trespasser and to appoint an experienced timber estimator to determine the amount of damages. For the purposes of determining damages, the value of the timber cut shall be calculated by first determining the value of the timber on the stump. Within 30 days after receiving notice of the alleged trespass and of the appointment of such estimator, the alleged trespasser, if he does not deny the fact of trespass, shall appoint an experienced timber estimator to participate with the one already so appointed in the estimation of damages. If the two estimators cannot agree, they shall select a third person, experienced and disinterested, who shall make a decision that shall be final and conclusive and not subject to appeal. The estimation of damages and the rendition of statement must be effected within 30 days from the receipt of notice of appointment, by the trespasser, of an estimator.\n\t\t\tIf the alleged trespasser fails to appoint an estimator within the prescribed time, or to notify within such time that the allegation of the fact of trespass is disputed, the estimator appointed by the injured party may make an estimate, and collection or recovery may be had accordingly.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1379730,"text":"Any person who (i) severs or removes any timber from the land of another without legal right or permission or (ii) authorizes or directs the severing or removal of timber or trees from the land of another without legal right or permission shall be liable to pay to the rightful owner of the timber three times the value of the timber on the stump and shall pay to the rightful owner of the property the reforestation costs incurred not to exceed $450 per acre, the costs of ascertaining the value of the timber, any directly associated legal costs, and reasonable attorney fees incurred by the owner of the timber as a result of the trespass.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":52677,"edition_id":2,"name":"Cutting Timber","identifier":"8","label":"article","depth":4,"order_by":8,"parent_id":52669,"metadata":{"child_laws":7,"child_structures":0},"date_created":"2026-08-02 03:02:57","date_modified":"2026-08-02 12:35:33","permalink":{"id":1475345,"object_type":"structure","relational_id":52677,"identifier":"8","token":"55.1\/V\/28\/8","url":"\/55.1\/V\/28\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52669,"edition_id":2,"name":"Trespasses; Fences","identifier":"28","label":"chapter","depth":3,"order_by":5,"parent_id":52661,"metadata":{"child_laws":42,"child_structures":8},"date_created":"2026-08-02 03:02:53","date_modified":"2026-08-02 12:35:33","permalink":{"id":1475189,"object_type":"structure","relational_id":52669,"identifier":"28","token":"55.1\/V\/28","url":"\/55.1\/V\/28\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52661,"edition_id":2,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":52600,"metadata":{"child_laws":165,"child_structures":20},"date_created":"2026-08-02 03:02:42","date_modified":"2026-08-02 12:35:31","permalink":{"id":1474773,"object_type":"structure","relational_id":52661,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369823,"structure_id":52677,"section_number":"55.1-2835","catch_line":"Damages recoverable for timber cutting","url":"\/55.1-2835\/","token":"55.1\/V\/28\/8\/55.1-2835","metadata":false},{"id":369824,"structure_id":52677,"section_number":"55.1-2836","catch_line":"Procedure for determination of damage","url":"\/55.1-2836\/","token":"55.1\/V\/28\/8\/55.1-2836","metadata":false},{"id":369825,"structure_id":52677,"section_number":"55.1-2837","catch_line":"When person damaged may proceed in court","url":"\/55.1-2837\/","token":"55.1\/V\/28\/8\/55.1-2837","metadata":false},{"id":369826,"structure_id":52677,"section_number":"55.1-2838","catch_line":"Larceny of timber; penalty","url":"\/55.1-2838\/","token":"55.1\/V\/28\/8\/55.1-2838","metadata":false},{"id":369827,"structure_id":52677,"section_number":"55.1-2839","catch_line":"Larceny of timber; failure to remit payment to owner; penalty","url":"\/55.1-2839\/","token":"55.1\/V\/28\/8\/55.1-2839","metadata":false},{"id":369828,"structure_id":52677,"section_number":"55.1-2840","catch_line":"Load tickets required for certain sales of timber; penalty","url":"\/55.1-2840\/","token":"55.1\/V\/28\/8\/55.1-2840","metadata":false},{"id":369829,"structure_id":52677,"section_number":"55.1-2841","catch_line":"Effect of article","url":"\/55.1-2841\/","token":"55.1\/V\/28\/8\/55.1-2841","metadata":false}],"previous_section":{"id":369823,"structure_id":52677,"section_number":"55.1-2835","catch_line":"Damages recoverable for timber cutting","url":"\/55.1-2835\/","token":"55.1\/V\/28\/8\/55.1-2835","metadata":false},"next_section":{"id":369825,"structure_id":52677,"section_number":"55.1-2837","catch_line":"When person damaged may proceed in court","url":"\/55.1-2837\/","token":"55.1\/V\/28\/8\/55.1-2837","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2836\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 624; in 1987, chapter 105; in 2004, chapters 604<\/a> and 615<\/a>; in 2016, chapters 245<\/a> and 562<\/a>; in 2019, chapters 348<\/a>, 353<\/a>, and 712<\/a>.<\/p>","references":[{"id":369825,"section_number":"55.1-2837","catch_line":"When person damaged may proceed in court","order_by":null,"url":"\/55.1-2837\/"},{"id":369826,"section_number":"55.1-2838","catch_line":"Larceny of timber; penalty","order_by":null,"url":"\/55.1-2838\/"}],"refers_to":[{"id":369823,"section_number":"55.1-2835","catch_line":"Damages recoverable for timber cutting","order_by":null,"url":"\/55.1-2835\/"}],"permalink":{"id":1475351,"object_type":"law","relational_id":369824,"identifier":"55.1-2836","token":"55.1\/V\/28\/8\/55.1-2836","url":"\/55.1-2836\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-2836\/","token":"55.1\/V\/28\/8\/55.1-2836","dublin_core":{"Title":"Procedure for determination of damage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2836","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The owner of the land on which a trespass as described in § 55.1-2835<\/a> was committed shall have the right, within 90 days after the discovery<\/span> of such trespass and the identity of the trespasser, to notify the trespasser and to appoint an experienced timber estimator to determine the amount of damages<\/span>. For the purposes of determining damages<\/span>, the value of the timber cut shall be calculated by first determining the value of the timber on the stump. Within 30 days after receiving notice of the alleged trespass and of the appointment of such estimator, the alleged trespasser, if he does not deny the fact<\/span> of trespass, shall appoint an experienced timber estimator to participate with the one already so appointed in the estimation of damages<\/span>. If the two estimators cannot agree, they shall select a third person, experienced and disinterested, who shall make a decision that shall be final and conclusive and not subject to appeal<\/span>. The estimation of damages<\/span> and the rendition of statement must be effected within 30 days from the receipt of notice of appointment, by the trespasser, of an estimator.\n\t\t\tIf the alleged trespasser fails to appoint an estimator within the prescribed time, or to notify within such time that the allegation<\/span> of the fact<\/span> of trespass is disputed, the estimator appointed by the injured party<\/span> may make an estimate, and collection or recovery may be had accordingly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who (i) severs or removes any timber from the land of another without legal right or permission or (ii) authorizes or directs the severing or removal of timber or trees from the land of another without legal right or permission shall be liable to pay to the rightful owner of the timber three times the value of the timber on the stump and shall pay to the rightful owner of the property the reforestation costs incurred not to exceed $450 per acre, the costs of ascertaining the value of the timber, any directly associated legal costs, and reasonable attorney fees incurred by the owner of the timber as a result of the trespass. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE FOR DETERMINATION OF DAMAGE (\u00a7 55.1-2836)\n\nA. The owner of the land on which a trespass as described in § 55.1-2835\nwas committed shall have the right, within 90 days after the discovery of such\ntrespass and the identity of the trespasser, to notify the trespasser and to\nappoint an experienced timber estimator to determine the amount of damages. For\nthe purposes of determining damages, the value of the timber cut shall be\ncalculated by first determining the value of the timber on the stump. Within 30\ndays after receiving notice of the alleged trespass and of the appointment of\nsuch estimator, the alleged trespasser, if he does not deny the fact of\ntrespass, shall appoint an experienced timber estimator to participate with the\none already so appointed in the estimation of damages. If the two estimators\ncannot agree, they shall select a third person, experienced and disinterested,\nwho shall make a decision that shall be final and conclusive and not subject to\nappeal. The estimation of damages and the rendition of statement must be\neffected within 30 days from the receipt of notice of appointment, by the\ntrespasser, of an estimator.\n\t\t\tIf the alleged trespasser fails to appoint an estimator within the prescribed\ntime, or to notify within such time that the allegation of the fact of trespass\nis disputed, the estimator appointed by the injured party may make an estimate,\nand collection or recovery may be had accordingly.\n\nB. Any person who (i) severs or removes any timber from the land of another\nwithout legal right or permission or (ii) authorizes or directs the severing or\nremoval of timber or trees from the land of another without legal right or\npermission shall be liable to pay to the rightful owner of the timber three\ntimes the value of the timber on the stump and shall pay to the rightful owner\nof the property the reforestation costs incurred not to exceed $450 per acre,\nthe costs of ascertaining the value of the timber, any directly associated legal\ncosts, and reasonable attorney fees incurred by the owner of the timber as a\nresult of the trespass.\n\nHISTORY: Code 1950, \u00a7 8-907; 1977, c. 624, \u00a7 55-332; 1987, c. 105; 2004, cc.\n604, 615; 2016, cc. 245, 562; 2019, cc. 348, 353, 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}