§ 8-107. Timber damage to lines

   (a) Owner not liable. -- Except as provided in subsection (b) of this section, the owner of timber growing along a telegraph or telephone line is not subject to an action for damages if:

   (1) the telegraph or telephone line prevents the owner of the timber from cutting and felling the timber; and

   (2) in cutting or felling the timber, the owner damages the telegraph or telephone line.

(b) Exception. -- An owner of timber is subject to an action for damages if, in cutting and felling the timber, the owner willfully and intentionally injures the telegraph or telephone line.

HISTORY: An. Code 1957, art. 23, § 325; 1998, ch. 8, § 2.