Reported from the Committee on Civil and Criminal Jurisprudence, April 12, 2000, with recommendation that the Senate Committee Substitute do pass and be placed on the Consent Calendar.

TERRY L. SPIELER, Secretary.



To repeal section 537.340, RSMo 1994, relating to trespass, and to enact in lieu thereof two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 537.340, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 258.110 and 537.340, to read as follows:

258.110.  1.  Any person owning land adjoining navigable or nonnavigable free-flowing stream or river shall be immune from civil liability for injuries to person or property of persons trespassing or entering on such person's land without implied or expressed permission, invitation, or consent where:

(1)  The person who was injured entered the land by way of the stream or river; and

(2)  Such person was subsequently injured on lands adjoining the stream or river.

2.  The immunity created by this section does not apply if the injuries were caused by:

(1)  The intentional or unlawful act of the owner or possessor of such land; or

(2)  The negligent, willful or wanton act of the owner or possessor of such land.

537.340.  If any person shall cut down, injure or destroy or carry away any tree placed or growing for use, shade or ornament, or any timber, rails or wood standing, being or growing on the land of any other person, including any governmental entity, or shall dig up, quarry or carry away any stones, ore or mineral, gravel, clay or mold, or any ice or other substance or material being a part of the realty, or any roots, fruits or plants, or cut down or carry away grass, grain, corn, flax or hemp in which [he] such person has no interest or right, standing, lying or being on land not [his] such person's own, or shall knowingly break the glass or any part of it in any building not [his] such person's own, the person so offending shall pay to the party injured treble the value of the things so injured, broken, destroyed or carried away, with costs.  Any person filing a claim for damages pursuant to this section need not prove negligence or intent.