(a) Except as provided in subsection (b) of this section, the owner of timber growing along a telegraph or telephone line is not subject to an action for damages if: (1) the telegraph or telephone line prevents the owner of the timber from cutting and felling the timber; and (2) in cutting or felling the timber, the owner damages the telegraph or telephone line. (b) An owner of timber is subject to an action for damages if, in cutting and felling the timber, the owner willfully and intentionally injures the telegraph or telephone line.
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