Senate committee backs narrower treble-damages standard for tree and timber losses

Senate Bill 2250 received a do-pass recommendation from the Senate Industry and Business Committee after proponents told the panel the measure removes outdated phrasing and narrows treble damages for tree and timber loss to intentional or wanton conduct.

Senator Jerry Klein, District 14, opened the hearing and said the bill returns the law closer to ordinary property-damage remedies: "If you have a damage, it's damage. It should be just like you treat another accident or or issue on your property." The bill would remove older, unclear language and make treble damages available only where conduct rises to an intentional or reprehensible level.

John Ward, appearing for the Association of North Dakota Insurers, told the committee the current language dated back to Dakota Territory and that the amended draft "eliminates some of the older language, specifically the casual and involuntary portion of the bill." He said the bill keeps a trouble-damages (treble damages) remedy but restricts it to intentional or reckless acts. "It clarifies that if the damage to the trees is caused negligently and not intentionally or recklessly, that it is just single damages," Ward said.

Insurance-industry testimony emphasized the practical stakes for farmers and other property owners. Ward cited concerns that an expert valuation multiplied by treble damages could create an outsized liability for accidental events, such as a combine fire, and argued the bill reduces that exposure.

Committee members pressed on borderline scenarios. When asked about spray drift that kills trees, Ward said it would be for a North Dakota judge or jury to decide based on the facts; repeated incidents could move a case closer to wanton or intentional conduct. He added insurers would likely consider repeated incidents when deciding coverage or rates.

Dennis Pathrop of the American Property Casualty Insurance Association said the association "fully support[s] this bill," and the written testimony accompanying the hearing reiterated industry backing for limiting treble damages to intentional wrongdoing.

After questions, Senator Gessel moved the committee to recommend a do pass on Senate Bill 2250; Senator Behm seconded. The clerk called the roll and the committee recorded the following votes: Senator Klein — Aye; Senator Kessel — Aye; Chairman Barta — Aye; Vice Chairman Behm — Aye; Senator Engott — Aye. The motion carried.

The committee did not hear live opposition testimony during the hearing and closed the record after proponents concluded. With the committee's recommendation, Senate Bill 2250 will move on to the next committee or floor consideration according to the legislature's referral process.