§ 8313. Agricultural crop destruction.

300 words·~1 min read·/pa/title-42/chapter-83/8313

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

(a)Civil action and relief available.-- An aggrieved owner of damaged field crops, vegetable or fruit plants or trees raised for scientific or commercial purposes or for any testing or research purpose in conjunction with a public or private research facility or a university or any Federal, State or local government agency may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including compensatory and punitive damages, reasonable investigative expenses and reasonable attorney fees and other costs associated with the litigation. Upon a showing of cause for the issuance of injunctive relief, a court may issue temporary restraining orders, preliminary injunctions and permanent injunctions as may be appropriate. During any period that an action under this section is pending, a court may order the cessation of the activity forming the basis of the complaint.

(b)Valuations.-- In awarding damages under this section, the courts shall consider the market value of the field crops, vegetable or fruit plants or trees prior to damage and production, research, testing, replacement and crop development costs directly related to the crop that has been damaged as part of the value of the crop as well as damage to any records, data and data-gathering equipment or devices.

(c)Limitations.-- Damages recovered under this section shall be limited to treble the market value of the field crops, vegetable or fruit plants or trees prior to damage and actual damages involving production, research, testing, replacement and development costs directly related to the crop that has been damaged.

(d)Exceptions.-- The provisions of this section shall not apply to field crops, vegetable or fruit plants or trees damaged through research or normal commercial activity.

42c8313v

(June 22, 2001, P.L.386, No.27, eff. imd.)

2001 Amendment. Act 27 added section 8313.

42c8314s