NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 119

HOUSE BILL 61

 

 

AN ACT TO AMEND G.S. 1-539.1 RELATING TO DAMAGES FOR THE UNLAWFUL CUTTING OR REMOVAL OF TIMBER SO AS TO PROVIDE THAT THE GUILTY PARTY SHALL ALSO PAY ATTORNEY'S FEES AND APPRAISAL COST.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 1-539.1(a) is amended by adding at the end thereof:

"In addition to the damages provided in the preceding sentence, the bona fide owner may, upon a finding by the court that there was an unwarranted refusal by the defendant to pay the claim, recover a reasonable attorney's fee, reasonable surveying fee and the reasonable cost of an appraisal of the damages sustained by the bona fide owner, said attorney's fee, surveying fee and cost of appraisal to be determined by the trial judge and taxed as a part of the court cost."

Sec. 2.  This act shall be effective upon ratification but shall not affect pending litigation.

In the General Assembly read three times and ratified, this the 26th day of March, 1971.