If any person, firm, or corporation encroaches and cuts timber, except when acting prudently and under bona fide claim of right, the owner of such timber shall, in addition to all other remedies afforded by law, have the benefit of a right to, and a summary remedy for recovery of, damages in an amount as specified in this article and recovered as provided for in this article.
If the trespass is proven, the defendant shall have the burden of proving that he acted prudently and under a bona fide claim of right.