8313 - Agricultural crop destruction.

     § 8313.  Agricultural crop destruction.        (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.     (June 22, 2001, P.L.386, No.27, eff. imd.)        2001 Amendment.  Act 27 added section 8313.