149.430 Liability of violator for state and private damages -- Disposition of

204 words·~1 min read·/ky/149-430

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

damages.

(1)If any forest fire shall originate as a result of the violation by any person of any

provision of KRS 149.360 to 149.430, such person shall be, in addition to the

penalty prescribed under KRS 149.991, liable to the state and to each county for the

full amount of all expenses incurred by the state and county respectively in

suppressing each fire, such amounts to be recoverable by action brought by the

secretary for energy and environment in the name of the Commonwealth on behalf

of the Commonwealth and by the county attorney on behalf of the county.

(2)In addition to any penalty pursuant to KRS 149.991, any person violating any of the

provisions of KRS 149.360 to 149.430 shall be answerable in damages to any

persons suffering such damage for the cost incurred in the suppression of any fire

resulting from such violation and for damage to property resulting from such fires.

(3)Damages assessed under this section shall be ordered to be paid directly to the

Energy and Environment Cabinet or to any other injured person or organization

specified by written order of the court. The court shall not direct that the damages

be paid through the circuit clerk.