CHAPTER 353

FORMERLY

SENATE BILL NO. 360

AN ACT TO AMEND CHAPTER 5, TITLE 17 OF THE DELAWARE CODE RELATING TO THE DAMAGES ASSESSED TO TREES, SHRUBS AND LANDSCAPING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, Title 17 of the Delaware Code by adding a new §520 to read as follows:

"§520. Injury_ to Trees, Shrubs, and Landscaping; Treble Damages; Jurisdiction of

Courts; Procedure and Appeal

(a) Whoever negligently, willfully or maliciously injures or damages trees,
shrubs, or other landscaping under the jurisdiction and control of the Department shall forfeit and pay treble damages therefore. The damages shall be computed as the sum of the cost of purchase of new trees, shrubs, or other landscaping of equivalent size and quality and the removal and installation costs to replace the damaged trees, shrubs, or other landscaping, Including direct labor costs plus overhead costs, computed In accordance with accepted governmental accounting principles.

(a) Justices of the Peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdictions of actions under this Section.

(a) In actions before Justices of the Peace, the procedure shall be the same as Is provided for actions of trespass by Justices of the Peace, with the right of appeal to the Superior Court, and In actions in the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved as In other actions within the jurisdiction of the Courts."

Approved July 12, 1988