Meece v. Feldman Lumber Co.

Opinion of the Court by

Justice SCHRODER.

The issue in this case is whether property owners should be awarded treble damages under KRS 364.130 for trees cut by someone without “color of title.” Color of title is not based on a subjective belief, but on objective evidence of title from which a subjective belief may by founded. We reverse the Court of Appeals on damages and remand to the trial court for further proceedings on damages.

Feldman Lumber Company (by David Feldman) purchased some acreage on the headwaters of Buck Creek in eastern Pulaski County on January 14, 2000. Tract II contained…