537.353. Liability for damage or destruction of field crop products, when--court costs awarded, when.
Liability for damage or destruction of field crop products,when--court costs awarded, when.
537.353. 1. Any person or entity who knowingly damages or destroysany field crop product that is grown for personal or commercial purposes,or for testing or research purposes in the context of a product developmentprogram in conjunction or coordination with a private research facility, auniversity, or any federal, state or local government agency, shall beliable for double damages pursuant to this section.
2. Notwithstanding the provisions of section 537.340, or theprovisions of subsection 1 of this section, any person or entity whonegligently commits any of the acts described in subsection 1 of thissection shall be liable only for compensatory damages.
3. In awarding damages pursuant to subsections 1 and 2 of thissection, the courts shall consider the following:
(1) The market value of the crop prior to damage or destruction; and
(2) The actual damages involving production, research, testingreplacement and crop development costs directly related to the crop thathas been damaged or destroyed.
4. In addition, the court may award court costs, including reasonableattorneys fees.
(L. 2001 S.B. 462, A.L. 2007 H.B. 344)