Penalty for Trespasses.

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§ 9. Penalty for trespasses. Every person who shall trespass upon Indian lands or any lands belonging to the state and under the general care and superintendence of the commissioner of general services, any lands belonging to the state which are under the jurisdiction of any other state agency, department, board, officer, commission, institution, public authority, public benefit corporation, or bi-state agency, by cutting, removing, injuring or destroying trees growing thereupon, shall, for every such offense, forfeit to the people of the state the sum of two hundred fifty dollars per tree or treble damages or both, based on the stumpage value, as defined in paragraph (c) of subdivision six of section 71-0703 of the environmental conservation law, of such tree or trees, and shall be liable for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation. Such reparations shall be of such kind, nature and extent as will reasonably restore the lands affected by the violation to their condition immediately before the violation and may be made by physical restoration of such lands and/or by the assessment of monetary payment to make such restoration.



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