537.340. Trespass on realty--treble damages recoverable, when--rules for trimming, removing, and controlling trees. - Missouri Statutes

Trespass on realty--treble damages recoverable, when--rules fortrimming, removing, and controlling trees.

537.340. 1. If any person shall cut down, injure or destroy or carryaway any tree placed or growing for use, shade or ornament, or any timber,rails or wood standing, being or growing on the land of any other person,including any governmental entity, or shall dig up, quarry or carry awayany stones, ore or mineral, gravel, clay or mold, or any ice or othersubstance or material being a part of the realty, or any roots, fruits orplants, or cut down or carry away grass, grain, corn, flax or hemp in whichsuch person has no interest or right, standing, lying or being on land notsuch person's own, or shall knowingly break the glass or any part of it inany building not such person's own, the person so offending shall pay tothe party injured treble the value of the things so injured, broken,destroyed or carried away, with costs. Any person filing a claim fordamages pursuant to this section need not prove negligence or intent.

2. Notwithstanding the provisions of subsection 1 of this section,the following rules shall apply to the trimming, removing, and controllingof trees and other vegetation by any electric supplier:

(1) Every electric supplier that operates electric transmission ordistribution lines shall have the authority to maintain the same bytrimming, removing, and controlling trees and other vegetation posing ahazard to the continued safe and reliable operation thereof;

(2) An electric supplier may exercise its authority under subdivision(1) of this subsection if the trees and other vegetation are within thelegal description of any recorded easement or, in the absence of a recordedeasement, the following:

(a) Within ten feet, plus one-half the length of any attached crossarm, of either side of the centerline of electricity lines potentiallyenergized at or below 34.5 kilovolts measured line to line and locatedwithin the limits of any city; or

(b) Within thirty feet of either side of the centerline ofelectricity lines potentially energized at or below 34.5 kilovolts measuredline to line and located outside the limits of any city; or

(c) Within fifty feet of either side of the centerline of electricitylines potentially energized between 34.5 and one hundred kilovolts measuredline to line; or

(d) Within the greater of the following for any electricity linespotentially energized at one hundred kilovolts or more measured line toline:

a. Seventy-five feet to either side of the centerline; or

b. Any required clearance distance adopted by either the FederalEnergy Regulatory Commission or an Electric Reliability Organizationauthorized by the Energy Policy Act of 2005, 16 U.S.C. Section 824o. Suchexercise shall be considered reasonable and necessary for the proper andreliable operation of electric service and shall create a rebuttablepresumption, in claims for property damage, that the electric supplieracted with reasonable care, operated within its rights regarding theoperation and maintenance of its electricity lines, and has not committed atrespass;

(3) An electric supplier may trim, remove, and control trees andother vegetation outside the provisions in subdivision (2) of thissubsection if such actions are necessary to maintain the continued safe andreliable operation of its electric lines;

(4) An electric supplier may secure from the owner or occupier ofland greater authority to trim, remove, and control trees and othervegetation than the provisions set forth in subdivision (2) of thissubsection and may exercise any and all rights regarding the trimming,removing, and controlling of trees and other vegetation granted in anyeasement held by the electric supplier;

(5) An electric supplier may trim or remove any tree of sufficientheight outside the provisions of subdivision (2) of this subsection whensuch tree, if it were to fall, would threaten the integrity and safety ofany electric transmission or distribution line and would pose a hazard tothe continued safe and reliable operation thereof;

(6) Prior to the removal of any tree under the provisions ofsubdivision (5) of this subsection, an electric supplier shall notify theowner or occupier of land, if available, at least fourteen days prior tosuch removal unless either the electric supplier deems the removal to beimmediately necessary to continue the safe and reliable operation of itselectricity lines, or the electric supplier is trimming or removing treesand other vegetation following a major weather event or other emergencysituation;

(7) If any tree which is partially trimmed by an electric supplierdies within three months as a result of said trimming, the owner oroccupier of land upon which the tree was trimmed may request in writingthat the electric supplier remove said tree at the electric supplier'sexpense. The electric supplier shall respond to such request within ninetydays;

(8) Nothing in this subsection shall be interpreted as requiring anyelectric supplier to fully exercise the authorities granted in thissubsection.

3. For purposes of this section, the term "electric supplier" meansany rural electric cooperative that is subject to the provisions of chapter394, RSMo, and any electrical corporation which is required by its bylawsto operate on the not-for-profit cooperative business plan, with itsconsumers who receive service as the stockholders of such corporation, andwhich holds a certificate of public convenience and necessity to serve amajority of its customer-owners in counties of the third classification asof August 28, 2003.

(RSMo 1939 § 3681, A.L. 2000 H.B. 1097, A.L. 2008 S.B. 958)

Prior revisions: 1929 § 3291; 1919 § 4242; 1909 § 5448

(2000) Section can be violated by either entering land wrongfully and felling trees or entering land with the landowner's consent and then exceeding the scope of that consent by felling trees without permission. Ridgway v. TTnT Development Corp., 26 S.W.3d 428 (Mo.App.S.D.).