Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it.
§ 734.Recovery of Just Value of Timber Taken
Title 10. Actions In Particular Cases · Chapter 2. Actions for Nuisance, Waste, and Willful Trespass, in Certain Cases, on Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 734 limits § 733's treble-damages timber-trespass remedy so that no more than the just value of timber may be recovered when the timber was taken from uncultivated woodland to repair a public highway or bridge on or adjoining that land.
Full Text of § 734
Plain-English Summary
Section 733 punishes unlawful timber cutting harshly, but § 734 carves out a narrow exception for a specific public purpose. When timber is taken from uncultivated woodland for the repair of a public highway or bridge located on that land, or adjoining it, the person taking the timber can't be made to pay more than its just value.
In effect, this removes the treble-damages multiplier from that one situation, recognizing that repairing public infrastructure with locally available timber serves a public function that shouldn't be penalized as though it were ordinary timber trespass.
Frequently Asked Questions
Does § 734 eliminate liability for taking timber to repair a highway?
No, it limits the recovery to the just value of the timber taken rather than the treble damages § 733 otherwise allows.
What kind of land does this limitation apply to?
Uncultivated woodland where the timber is taken for repair of a public highway or bridge on the land or adjoining it.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: timber taken for highway repair damageslimit on treble damages timber trespass