Section 861. Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon

1.  If  any  person,  without  the
  consent  of  the  owner  thereof, cuts, removes, injures or destroys, or
  causes to be cut, removed, injured or destroyed, any underwood, tree  or
  timber  on the land of another or on the common or other land of a city,
  village, town or county, or damages the land in the course  thereof,  an
  action  may  be  maintained  against such person for treble the stumpage
  value of the tree or timber or two hundred fifty dollars  per  tree,  or
  both  and 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.
    2.  In any action brought pursuant to subdivision one of this section,
  if the defendant establishes by clear and convincing evidence, that when
  the defendant committed the violation, he or she had  cause  to  believe
  the  land was his or her own, or that he or she had an easement or right
  of way across such land which permitted such action, or he or she had  a
  legal right to harvest such land, then he or she shall be liable for the
  stumpage  value  or  two  hundred  fifty  dollars  per tree, or both and
  reasonable costs associated with maintaining an action pursuant to  this
  section.  In  such  case,  the  defendant  shall  also 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.
    3.  For  the  purposes of this section "stumpage value" shall mean the
  current fair market value of a tree as it stands prior to  the  time  of
  sale,  cutting, or removal. Stumpage value shall be determined by one or
  more of the following  methods:  the  sale  price  of  the  tree  in  an
  arm's-length sale, a review of solicited bids, the stumpage price report
  prepared  by  the  department  of environmental conservation, comparison
  with like sales on trees on state or private lands, or other appropriate
  means to assure that a  fair  market  value  is  established  within  an
  acceptable range based on the appropriate geographic area.