For willful trespass, injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another's cultivated ground, yard, or town lot, or on the public grounds of any town, or any land held by this state, for any purpose whatever, the trespasser shall pay damages at the suit of any person entitled to protect or enjoy the property aforesaid.
§ 25-2130.Trespass; liability; damages; when recoverable.
Article 21: Special Proceedings and Actions · Last amended 2000 · Last verified July 22, 2026
In one sentenceA person who willfully damages timber, trees, or shrubs on someone else’s land, in a street or highway near cultivated property, on public grounds, or on land the state holds owes damages to whoever has the right to protect or enjoy that property.
Full Text of § 25-2130
Source
R.S.1867, Code § 636, p. 506; R.S.1913, § 8247; C.S.1922, § 9200; C.S.1929, § 20-2132; R.S.1943, § 25-2130; Laws 2000, LB 626, § 20.
Plain-English Summary
Section 25-2130 attaches liability to willful trespass against timber, trees, and shrubs across several settings. It reaches damage to another person’s land, to vegetation in a street or highway fronting someone’s cultivated ground, yard, or town lot, to public grounds of a town, and to land the state holds.
The remedy runs to whoever is entitled to protect or enjoy the property, not necessarily only the titleholder. That phrasing keeps the section from turning on technical questions of who holds legal title, focusing instead on who has a genuine stake in protecting the timber, trees, or shrubs that were damaged.
The following section narrows this liability in one specific circumstance: timber taken from nearby uncultivated woodland to repair a public highway or bridge.
Frequently Asked Questions
What property damage does this section cover?
Willful trespass injuring timber, a tree, or a shrub.
Does it matter where the timber or trees are located?
Yes, the section lists several settings: private land, a street or highway near cultivated ground, public grounds of a town, and state-held land.
Who can sue for damages under this section?
Any person entitled to protect or enjoy the property that was damaged.
Does the trespass have to be intentional?
Yes, the section addresses willful trespass, not accidental or merely negligent damage.
Is there any exception to this liability?
Yes. Section 25-2131 limits recovery when timber is taken from nearby uncultivated woodland to repair a public highway or bridge.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: willful trespass timber nebraskadamages for cutting trees nebraskatrespass to trees and shrubsliability for damaging vegetationnebraska timber trespass damages