Here's the relevant Maine law. You have a choice of statutes under which to proceed. Pick the one that gives you the biggest recovery. Go get 'em tiger!
17 M.R.S. § 2510. Unlawful cutting of trees TITLE 17: CRIMES
CHAPTER 83: MALICIOUS MISCHIEFS
SUBCHAPTER IV: MISCELLANEOUS
§ 2510. Unlawful cutting of trees 1. Unlawful cutting. Any person who in fact cuts down or fells any << tree>> without the consent of the owner of the property on which the << tree>> stands commits a civil violation for which the forfeitures provided in this section may be adjudged. Proof of a culpable state of mind is not required. The cutting down or felling of any << tree>> by the following are exempt from this section:
A. The Department of Transportation in the performance of activities under Title 23, section 701; [1981, c. 355 (new).]
B. Public utilities in maintaining adequate facilities in emergencies in compliance with Title 35-A, section 301; and [1997, c. 152, §1 (amd).]
C. Municipal employees, persons contracting with a municipality or other legitimate agents of a municipality acting within the course and scope of their employment or performing volunteer work for the municipality removing street trees or blown down trees or in emergencies. [1997, c. 152, §1 (amd).]
D. [1997, c. 152, §1 (rp).]
[1997, c. 152, §1 (amd).]
2. Forfeitures. The following forfeitures may be adjudged for each << tree>> over 2 inches in diameter that has been << cut>> or felled:
A. If the << tree>> is no more than 6 inches in diameter, a forfeiture of $25; [1981, c. 355 (new).]
B. If the << tree>> is over 6 inches and up to 10 inches in diameter, a forfeiture of $50; [1997, c. 152, §2 (amd).]
C. If the << tree>> is over 10 inches and up to 14 inches in diameter, a forfeiture of $75; [1997, c. 152, §2 (amd).]
D. If the << tree>> is over 14 inches and up to 18 inches in diameter, a forfeiture of $100; [1997, c. 152, §2 (amd).]
E. If the << tree>> is over 18 inches and up to 22 inches in diameter, a forfeiture of $125; and [1997, c. 152, §2 (amd).]
F. If the << tree>> is greater than 22 inches in diameter, a forfeiture of $150. [1981, c. 355 (new).]
[1997, c. 152, §2 (amd).]
3. Diameter. For the purposes of determining the forfeiture, the diameter of a << tree>> shall be the diameter of the << tree>> stump remaining or the diameter of the << tree>> at 4 1/2 feet from the ground if the remaining stump is higher than that distance. [1981, c. 355 (new).]
4. Restitution. The court shall inquire of the prosecutor or the owner of the property on which the << tree>> was << cut>> down or felled the extent of the owner's financial loss. With the owner's consent, the court shall order restitution when appropriate on the basis of an adequate factual foundation. The order of restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid. Restitution ordered under this subsection is in addition to any forfeitures adjudged under subsection 2.
Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts.
[1997, c. 152, §3 (new).]
5. Liability for conduct of another. A person commits the civil violation in subsection 1 even if the person did not personally << cut>> down or fell the << tree>> if the person is legally accountable for the conduct of another person who violates subsection 1. A person is legally accountable for the conduct of another person if:
A. The person causes another person to violate subsection 1; or [1997, c. 152, §3 (new).]
B. The person solicits another person to commit the civil violation or aids, agrees to aid or attempts to aid another person in planning or committing the civil violation. [1997, c. 152, §3 (new).]
[1997, c. 152, §3 (new).]
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14 M.R.S. § 7552. Injury to land, forest products or agricultural products TITLE 14: COURT PROCEDURE -- CIVIL
PART 7: PARTICULAR PROCEEDINGS
CHAPTER 739: WASTE AND TRESPASS TO REAL ESTATE
SUBCHAPTER II: TRESPASS
§ 7552. Injury to land, forest products or agricultural products 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Agricultural product" means crops produced and livestock raised as a result of cultivating the soil and harvesting. Agricultural products include, but are not limited to, vegetables, fruit, forages, grain, nuts, berries, flowers, ornamental plants, nursery crops, milk, dairy products, eggs, domestic livestock and other products in varying degrees of preparation. Agricultural products also include the soil amendments and by-products that are used in cultivation. [1995, c. 450, §2 (new).]
B. "Christmas << tree>> " and "evergreen boughs" have the same meanings as provided in Title 12, section 8841. [1995, c. 450, §2 (new).]
C. "Forest products" means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, evergreen boughs or cones or other seed products. [1995, c. 450, §2 (new).]
D. When there is damage to public property, the term "owner" may include a suitable official authorized to act on behalf of the public entity.
For damage to a monument or mark under subsection 2, paragraph C, "owner" may include the entity for whose benefit the monument or mark is maintained. [1995, c. 450, §2 (new).]
E. "Professional services" may include:
(1) The damage estimate of a licensed professional forester;
(2) A boundary survey;
(3) A title opinion; and
(4) Attorney's fees for preparing the claim and bringing a court action. [1995, c. 450, §2 (new).]
[1995, c. 450, §2 (new).]
2. Prohibitions. Without permission of the owner a person may not:
A. << Cut>> down, destroy, damage or carry away any forest product, ornamental or fruit << tree>> , agricultural product, stones, gravel, ore, goods or property of any kind from land not that person's own; or [1995, c. 585, §3 (amd).]
B. [1995, c. 585, §3 (rp).]
C. Disturb, remove or destroy any lawfully established transit point, reference point, stake, plug, hub, guardstake, bench mark, pipe, iron, concrete post, stone post or other monument of any railroad, highway, public utility or other engineering location or survey or any such monument marking the bounds of public or private property. [1995, c. 450, §2 (new).]
[1995, c. 585, §3 (amd).]
3. Measure of damages. This subsection governs the measurement of damages resulting from a violation of subsection 2.
A. When agricultural or forest products have been destroyed or carried away, the owner may recover as damages either the value of the lost products themselves or the diminution in value of the real estate as a whole resulting from the violation, whichever is greater. [1997, c. 214, §1 (amd).]
B. For lost trees, the owner may claim in lieu of market value the forfeiture amounts determined in Title 17, section 2510, subsections 2 and 3. In addition, the owner's damages may include the costs for regeneration of the stand in accordance with Title 12, section 8869. The court may reduce the damages awarded for good cause shown when the cutting of trees was done negligently or without fault. [1999, c. 339, §1 (amd).]
C. When a monument or marker has been disturbed, removed or destroyed as prohibited in subsection 2, paragraph C, the owner's damages may include the cost of engineering and surveyor services necessary to reestablish a m
